How Does Pennsylvania’s Workers' Compensation System Handle Exposure to Infectious Diseases in Healthcare Settings?
Health care workers face a number of unique risks in the workplace, including from the potential exposure to an infectious disease. Notably, Pennsylvania’s workers’ compensation system covers healthcare workers who contract infectious diseases on the job—as long as they can prove that they were infected due to a workplace exposure. Here, our Gettysburg workers’ comp lawyers explain how exposure to infections in healthcare settings is handled under the workers’ compensation laws in Pennsylvania.
Workers’ Comp in Pennsylvania Covers Occupational Diseases, including Infections
First and foremost, it is crucial that healthcare workers in Pennsylvania understand that the Commonwealth’s workers’ comp laws cover occupational diseases, including infections. Under Pennsylvania law, an “occupational disease” is a medical condition that arises due to the nature of a worker’s job. Healthcare workers, including nurses, doctors, and hospital staff, are at higher risk of contracting contagious illnesses such as COVID-19, tuberculosis, hepatitis, and MRSA due to frequent exposure to infected patients. To qualify for workers’ comp, an employee must prove that the illness was contracted due to workplace conditions and not from outside sources.
How to Prove Infectious Disease Exposure is Work-Related
For a healthcare worker to receive workers’ compensation benefits for an infectious disease, they must show that their illness was directly caused by their job duties. In some cases, this can be straightforward, for example, if a nurse contracts tuberculosis after treating a patient with the disease. However, when an illness could have been contracted outside of work, proving eligibility becomes more complex.
Notably, Pennsylvania workers’ compensation law requires an employee to provide medical evidence, such as a doctor’s diagnosis and proof that the exposure likely occurred in the workplace. In some instances, outbreaks within a healthcare facility may strengthen a worker’s claim, particularly if multiple staff members contract the same illness.
Legal Tip: Pennsylvania recognizes a “presumption of work-relatedness” for certain diseases. If a healthcare worker contracts a condition that is commonly associated with their profession, it may be presumed to be work-related unless the employer provides evidence to the contrary.
An Overview of Workers’ Comp Benefits for Health Care Worker Exposures in Pennsylvania
A healthcare worker who successfully proves that an infectious disease was contracted in the workplace may be entitled to several types of workers’ compensation benefits, including:
- Medical Benefits: Medical benefits include coverage for medical expenses, such as doctor visits, hospital stays, medications, and treatment.
- Lost Wages: Additionally, if the illness results in missed work, wage-loss benefits may be available to compensate for lost income. Temporary total disability (TTD) benefits apply if a worker is completely unable to work during recovery, while partial disability benefits may be awarded if the worker can return to a modified role with reduced pay.
- Permanent Disability: In severe cases where an infectious disease leads to long-term complications or permanent disability, further compensation may be available.
Contact Our Gettysburg Workers’ Comp Lawyers for Health Workers Today
At DiLoreto, Cosentino & Bolinger P.C., our Gettysburg workers’ comp attorney is standing by, ready to protect your rights and your interests. If you or your loved one was hurt on the job, we can help. Contact us today for a free case review. With an office in Gettysburg, we represent injured health care workers throughout the region.