When an employee contracts an infectious disease during a public health emergency, determining whether the harm is compensable under the Massachusetts Workers’ Compensation Act can be complicated. A recent decision by a Massachusetts court clarifies that contracting COVID-19 may constitute a compensable injury when the nature of the worker’s job exposes them to heightened risk, reaffirming protections for essential workers who performed critical duties during the pandemic despite elevated exposure to danger. If you are an employee who suffered illness or injury in the course of employment, it is essential to speak with a Massachusetts workers’ compensation attorney to understand your rights.
Background and Procedural History
It is reported that the plaintiff worked as a head lineman for a utility company, a position that involved physically demanding tasks such as installing and repairing overhead and underground electrical lines. The plaintiff’s role required close collaboration with fellow linemen and involved riding in trucks and working in proximity to others. During the COVID-19 pandemic, the plaintiff’s job was designated as an “essential service,” and he was urged to continue working under the Governor-issued emergency orders.
It is alleged that while most businesses were shuttered under executive orders, the plaintiff continued to report for duty, working shoulder to shoulder with coworkers and remaining in confined spaces such as truck cabs. In February 2021, after a fellow lineman reported feeling unwell, the plaintiff and most members of his team tested positive for COVID-19. Although the plaintiff initially tested negative, he developed symptoms within days, ultimately contracting the virus and experiencing severe illness, including hospitalization, respiratory complications, and long-term disability.
It is further reported that the plaintiff filed a claim for workers’ compensation benefits, asserting that he contracted COVID-19 in the course of his employment. The employer’s insurer denied the claim, arguing that the risk of contracting COVID-19 was not inherent in the plaintiff’s occupation. Following a hearing, the administrative judge found that the risk of contracting the virus was indeed inherent in the plaintiff’s work, citing the close-quarters nature of his duties and the governmental designation of his job as essential. The Department of Industrial Accidents Reviewing Board affirmed this decision, and the insurer appealed.
Workers’ Compensation Coverage for COVID-19
The court affirmed the board’s decision, concluding that the administrative findings were not arbitrary or capricious and were consistent with the Massachusetts Workers’ Compensation Act. The court emphasized that under G.L. c. 152, § 1(7A), “personal injury” includes infectious diseases if the hazard of contracting such diseases is inherent in the nature of the employment.
The court found that the plaintiff’s exposure to COVID-19 was not a generalized societal risk, but one that was “essentially characteristic” of his role during the state of emergency. The court highlighted the plaintiff’s continued work in person, his close contact with others, and the specific governmental encouragement to remain on the job, all of which distinguished his risk from that of the general public. The decision reaffirmed earlier precedents requiring a factual determination of whether a workplace hazard rises to the level of being inherent in the employment.
In rejecting the insurer’s arguments, the court contrasted this case with prior rulings where exposure to an illness in a typical indoor setting was deemed insufficient to support compensation. Here, the court emphasized the uniqueness of the pandemic environment and the plaintiff’s role as an essential worker, concluding that the circumstances of his exposure justified compensation.
Talk to a Dedicated Massachusetts Workers’ Compensation Attorney
Massachusetts law protects employees who are injured or become ill due to the specific conditions of their work, especially in extraordinary circumstances such as the COVID-19 pandemic. If you have suffered an illness or injury that you believe is work-related, Attorney James K. Meehan of the Law Office of James K. Meehan is a dedicated Massachusetts workers’ compensation attorney who can provide you with knowledgeable guidance. You can contact the firm at 508-822-6600 or reach out through our online form to schedule a confidential consultation.