Florida Chief Financial Officer Jimmy Patronis

An injured worker may seek to establish compensability of the contraction of COVID-19 under two legal theories:

  1. Exposure; and,
  2. 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.

Exposure

Continue Reading Is an employer liable for a workers’ compensation claim if an employee contracts COVID-19 at work?