FAQ: COVID-19 as a Work-Related Injury COVID-19 as a Work-Related Injury: What Employees Need to Be Aware Of

Under what conditions can a COVID-19 infection be recognized as a work-related accident?

The prerequisite is that the infection is directly attributable to work-related activities. It is essential that there is evidence of close contact with an infectious person and that the illness, accompanied by symptoms, developed no later than two weeks after that contact.

Should employees who believe they contracted the coronavirus while at work report this to the relevant workers’ compensation insurance provider?

First of all: This is actually the responsibility of the employer or the treating physician. If this does not happen, however, employees can file the report themselves. Given the varied course of the disease and the potential long-term effects of COVID-19, employees are best protected under the statutory workers’ compensation insurance. Furthermore, an investigation into the facts provides greater clarity regarding potential chains of infection within the workplace. This information can be used to improve infection control measures. It’s also important to note that COVID-19 can, in principle, be classified as a commuting accident and, for certain employee groups, as an occupational disease. This is particularly relevant for employees in healthcare, social services, or laboratories.

What should employees keep in mind to ensure their documentation is as complete as possible?

In principle, the responsible workers’ compensation insurance provider is obligated to clarify the exact circumstances as part of the official investigation. However, this does not mean that information and evidence provided by those affected are worthless. On the contrary, they are of great importance. Good documentation is therefore definitely helpful, especially when it documents violations of necessary protective measures: This could include, for example, failure to maintain the minimum distance of 1.5 meters or a lack of personal protective equipment such as surgical masks and FFP2 masks.  

Intensive contact with an infected person is required for recognition. How do you document this?

In any case, there must have been close occupational contact between the applicant who has fallen ill and the infected person. The duration and intensity of the contact are the key factors here. The best way to prove an infection is through a timely pathogen detection test.

How is “close contact” defined?

The decisive factors are the duration of the contact and the proximity that existed during the contact. The COVID-19 occupational safety guideline assumes a contact duration of at least 15 minutes at a physical distance of less than one and a half to two meters. However, this is not set in stone: even a shorter period of contact may be sufficient if the encounter was particularly close. Conversely, this may apply to a longer period of contact even if the minimum distance was maintained.

What benefits is the affected person entitled to in the event of a recognized work-related accident?

Once a work-related accident is recognized, insured individuals are entitled to the full range of benefits provided by statutory workers’ compensation insurance. These include acute medical treatment and medical, vocational, and social rehabilitation. In addition, injury benefits and transitional allowances—or, in the worst-case scenario, disability pension payments—may also be available. Given the potential for severe cases and possible long-term consequences of COVID-19, filing a claim is particularly advisable, as the rehabilitation benefits provided by workers’ compensation insurance ensure the best possible care for employees.

How can the works council support affected employees?

The works council should work to ensure that the employer files a report. It must then co-sign the company’s accident report submitted to the employers’ liability insurance association. Only the information included in the report will be considered in the investigation of the case. The works council may refuse to sign if the accident report does not take into account the perspective of the affected employee. It should do so in such cases. The works council can also assist affected employees with documentation, which is usually very helpful. Finally, it can also submit its own statement to the workers’ compensation association to ensure that the employee’s perspective is taken into account in any case.
 

Further information is available on the DGUV website