One of the most salient workers’ compensation issues relating to the flu pandemic is whether contracting the H1N1 virus in the workplace is considered a compensable injury. For a disease to be compensable under workers’ compensation laws, such as the Illinois Workers’ Compensation Act, it must be one “arising out of or in the course of employment.” That means the worker must be exposed to the disease while working, and the worker’s job must put him/her in harm’s way of the disease.

Nurses and health care workers certainly have the potentiality for a workers’ compensation claim. Because many health care jobs require workers to come into contact with infected persons, health care workers are at a greater risk of exposure than the general public.

Additionally, those who contract the H1N1 flu during business travel may also have compensable claims depending on the specific circumstances of their travel. For example, exposure to the Swine Flu while traveling in company-provided transportation might be compensable, whereas travel on public transportation likely is not.

Mild cases of Swine Flu are not likely to yield many workers’ comp claims, but severe cases that lead to prolonged illness, permanent disability or fatalities certainly will. Those who have pre-existing medical problems such as compromised immune systems, cardiovascular disease and respiratory illness are at increased risk of severe H1N1 complications. Under Illinois Workers’ Compensation laws, if workplace exposure to a disease contributes to a worsening of a pre-existing condition, it is compensable.

Proving that the H1N1 virus was in fact contracted in the workplace or during the course of employment, however, will prove difficult in most cases. Barring extraordinary circumstances such as a localized outbreak, it is very challenging to pinpoint exactly where an individual contracted the virus. The more widespread the pandemic becomes, the more difficult it will likely be to prove a workplace exposure.

For answers to questions about your workers’ compensation benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.

Resource Links:

Illinois Workers’ Compensation Act
Declaration of a National Emergency with Respect to the 2009 H1N1 Influenza Pandemic

CDC Guidance for Businesses and Employers To Plan and Respond to the 2009–2010 Influenza Season