Are COVID-19 workers compensation claims still possible in California?
Yes, a worker may still pursue a California workers compensation claim for COVID-19. The worker must show that the illness arose out of employment and occurred during employment.
California’s special COVID-19 presumptions under Senate Bill 1159 expired on January 1, 2024. Those presumptions no longer automatically connect certain COVID-19 illnesses to work. A claim may still proceed under ordinary workers compensation rules when the available facts support a work-related illness.
If you believe work exposed you to COVID-19, report the illness promptly and document what happened. You can also review our California COVID-19 resource for related guidance.
Request a Free Consultation with Hinden & Breslavsky
California COVID-19 Workers Compensation Rules After SB 1159
Workers compensation covers certain injuries and illnesses connected to employment. COVID-19 claims can involve difficult questions about exposure, timing, workplace conditions, and other possible sources of infection.
SB 1159 created temporary presumptions for specific workers and circumstances. The presumptions expired, so do not rely on old articles that describe them as current law. A positive test alone does not decide whether a claim is compensable.
Your claim depends on the facts and the evidence. A claims administrator may consider your job duties, workplace contacts, known outbreaks, protective measures, timing, and other exposures.
What changed after California’s COVID-19 presumptions expired?
The main change is the burden of proof. During the temporary presumption period, an eligible worker could receive a legal advantage if the required conditions were met. That special advantage is no longer generally available.
Under ordinary rules, you may need evidence connecting the illness to your work. The connection does not require perfect certainty. It does require facts that support a reasonable work-related explanation under the applicable California standards.
Coverage is fact-specific. Do not assume that your claim qualifies or fails based only on your job title. Speak with a qualified attorney when the insurer disputes the work connection.
What evidence may connect COVID-19 to your work?
Useful evidence can show when you became ill, where you worked, and what exposure conditions existed. Gather records before they become difficult to obtain.
- COVID-19 test results, medical records, and provider instructions.
- The date symptoms began and the date you first missed work.
- Work schedules, job assignments, and locations where you performed duties.
- Known workplace cases, exposure notices, or reports of shared contact.
- Names of coworkers who may have relevant information.
- Messages about workplace safety rules, protective equipment, or exposure reporting.
- Records of other possible exposures, stated accurately and without speculation.
Keep copies of what you submit. Write a timeline while events remain fresh. Do not alter records or overstate what you know.
What should you do if you believe you became sick at work?
First, seek appropriate medical care and follow your provider’s instructions. This article does not diagnose illness or replace medical advice.
Next, notify your employer as soon as practical. California’s workers compensation system uses a claim form to begin the claim process. The California Division of Workers’ Compensation says an employer must provide or mail the form within one working day after learning about an injury or illness.
Complete the employee section, sign and date it, and return it to your employer. Keep a copy and proof of delivery. The DWC explains the filing process in its official claim filing guidance.
You may also review the firm’s California workers compensation practice page for general information about claims and benefits.
What benefits may apply to a work-related illness?
Potential workers compensation benefits depend on the claim facts, medical evidence, and applicable law. Benefits can involve reasonable medical treatment and payments connected to an injury or illness.
Do not assume a specific benefit amount or duration. COVID-19 symptoms and recovery can vary, and eligibility must be evaluated under current California rules.
If your employer or claims administrator has not accepted the claim, ask for the claim status in writing. Save letters, emails, medical bills, and appointment records. You can learn more about possible support through the firm’s injured worker benefits resource.
What if your claim is denied or delayed?
A denial or delay does not always end the process. Read the notice carefully and note the stated reason, response instructions, and any deadline.
Common disputes involve whether the illness arose from work, whether notice was timely, and whether the medical evidence supports the claim. The insurer may also dispute the timing or reliability of exposure information.
Gather the evidence listed above and respond through the proper process. If your employer refuses to provide a claim form, review the firm’s guidance about an employer refusing to file a workers compensation claim. For a denied claim, see the firm’s California denied-claim resource.
Do not make statements that you cannot support. A lawyer can review your records and explain options without promising a result.
Get a Free Consultation about your California workers compensation claim
Frequently asked questions about COVID-19 workers compensation
Can essential workers still file a COVID-19 workers compensation claim?
Yes, an essential worker may file a claim. The worker must still show facts supporting a work-related illness under current California rules. Essential-worker status alone does not guarantee coverage.
Does a positive COVID-19 test prove the claim?
No. A test can support the illness portion of a claim. Additional facts may be needed to connect the illness to workplace exposure and employment.
What records should I save?
Save test results, medical records, work schedules, exposure notices, safety messages, claim forms, delivery proof, and insurer communications. Keep copies in a safe place.
Can I get help if the insurer denies my claim?
You can request a review of the denial and gather supporting evidence. A California workers compensation attorney can explain the process and assess your specific facts.