An injured worker may seek to establish compensability of the contraction of COVID-19 under two legal theories:
- Exposure; and,
- Occupational disease.
Pursuant to Florida Statutes §440.02(1), an injury or disease:
caused by exposure to a toxic substance is generally not an injury or accident arising out of employment.”
Although this section has not been utilized in the context of a virus, it is assumed, for the purposes of this discussion, that the virus is considered a toxic substance.