A: Yes. In California, Gov. Newsom signed an Executive Order (N-62-20) on May 6, 2020, stating that an employee who tests positive for COVID-19 from March 19, 2020, to July 5, 2020, can file a workers’ compensation claim, and it may be accepted if all of the following exist:

Any COVID-19-related illness of an employee shall be presumed to arise out of and in the course of the employment for purposes of awarding workers’ compensation benefits if all of the following requirements are satisfied:  

a) The employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee’s place of employment at the employer’s direction. 
b) The day of supposed exposure to COVID-19 was on or after March 19, 2020. 
c) The employee’s place of employment was not the employee’s home or residence.  
d) A diagnosis of COVID-19 can only be provided by a physician who holds a physician or surgeon license issued by the California Medical Board; a diagnosis must be confirmed by a test within 30 days of the date of the diagnosis. 

The Executive Order created a rebuttable presumption, meaning, if it was discovered through a claims investigation that the employee was exposed to COVID-19 outside of work, the claim would be denied. 

If your employee worked for you from March 19, 2020, through July 5, 2020, and tested positive for COVID, call your workers’ compensation carrier to determine if a claim needs to be opened. 

If your employee contracted COVID after July 5, 2020, and they believe they got it at work, contact your workers’ compensation carrier to determine if a workers’ compensation claim should be filed.