Last updated: 3/24/2022

What are my rights if I think I got COVID-19 while working?

If I think I contracted COVID-19 while working, can I get worker’s compensation benefits? 

Maybe. 

Not all employers have worker’s compensation insurance in the State of Texas. If your employer does have worker’s compensation insurance, and you can prove that you got COVID-19 while performing your job, then you can apply for worker’s compensation benefits to pay for your medical expenses and a portion of your lost income if you are unable to work because of your illness. If your employer does not have worker’s compensation insurance, you still may have options to receive compensation. 

NOTE: It is very difficult to prove that you contracted COVID-19 at work. You are not likely to get workers’ compensation benefits unless you can show that the only place you were exposed to COVID-19 was at work. 

If the employer has worker’s compensation, you have to notify the employer of your illness within thirty days after you learned that you believe you have become ill.  

How do I find out if my employer has worker’s compensation? 

If you do not know what kind, if any, insurance your employer carries for injuries and occupational illnesses, you can call the Texas Department of Insurance at 1-800-252-7031 and ask them to verify whether your employer had a worker’s compensation policy.

What if the Texas Department of Insurance says my employer does not have worker’s compensation insurance? 

If your employer does not have a worker’s compensation plan, then you must ask your employer or their HR department for information about what, if any, insurance coverage they provide. If they have a private plan, then ask to be given a copy of the plan packet. 

If you believe you may get exposed to the virus at work, it is a good idea to request a copy of the private plan policies because that is where you can learn about the rules and deadlines for how claims must be reported, paid, and how to appeal any denials. 

If the employer does not have worker's compensation insurance, it is sometimes possible to bring a claim against the employer for negligent conduct if that conduct caused your illness. However, it is important to speak with a lawyer about your rights. The Texas State Legislature passed a bill in 2021 that protects employers against claims for damages related to exposure to COVID-19 in the workplace.

What are the deadlines to file a claim? 

If your employer has worker’s compensation, a worker has to notify their supervisor of an injury or illness within 30 days of it happening or of them realizing that they contracted an illness at work. In addition to notifying your supervisor, you should also fill out and file a Notice of Injury form with the Texas Department of Insurance, because sometimes employers fail to submit the claim for you. 

Private plans have their own deadlines. You should check your employer’s policy and report the illness right away. 

If your employer did not carry insurance that covers occupational illnesses or coronavirus, then you have two years from when you contracted the illness or should have known of your illness to file a lawsuit in court. 

When does the 30-day deadline start to run?

Under Texas worker’s compensation rules, the 30-day deadline to report runs from the date on which the employee knew or should have known the disease could be work-related. This is not necessarily the date on which symptoms first appeared, but is the date on which a “reasonable person” would recognizes the nature and seriousness of the disease, and that it is work-related.

Is it legal for my employer to fire or retaliate against me because I file a worker’s compensation claim? 

If your employer fires you or retaliates, or threatens to retaliate against you, for filing or trying to file a worker’s compensation claim, then you may have a claim for retaliation if your employer has worker’s compensation insurance. A lawsuit for worker’s compensation retaliation must be filed in court within two years of the retaliation. You will also probably qualify to receive unemployment benefits if you are still able and available to work despite your illness.  

If your employer does not have worker’s compensation insurance and fires you because you get the coronavirus at work, you will likely qualify for unemployment benefits if you are still able and available to work despite your illness. You may also have additional rights and can consult with an attorney.