Insurance coverage for employment claims arising from COVID-19

Some states have expanded workers’ compensation eligibility for COVID-19 claims, especially for first responders and health care workers. (Credit: designer491/Shutterstock)

Employment claims arising out of the outbreak of COVID-19 may be covered by workers’ compensation insurance, employers’ liability coverage (typically contained in the workers’ compensation insurance policy), or employment practices liability insurance. It all depends on the allegations.

Some employees will seek the protection of the workers’ compensation system, while others will attempt to evade the bar on tort claims typically contained in workers’ compensation statutes. Of course, there is workers’ compensation insurance for workers’ compensation claims. For those employees who seek to avoid the workers’ compensation statutory bar, and sue their employers directly for bodily injury, the employers’ liability section of the workers’ compensation insurance policy applies.