Published by The Pellegrin Firm, L.L.C. April 2, 2020

The recent worldwide novel coronavirus pandemic is having drastic impacts on the world and the state of Louisiana. As of this writing, Louisiana has one of the highest growth rates and death rates in the world. As the pandemic rages, thousands of Louisiana workers like nurses and grocery workers are continuing to work around the clock to provide essential services. This situation will likely lead to a great deal of litigation in the years ahead.

What happens if one of these employees contracts the novel coronavirus while in the course and scope of employment? Will his or her employer’s workers’ compensation carrier provide coverage for medical bills, lost wages, permanent disability, and death due to novel coronavirus? This is a bit of an unclear question. Louisiana’s workers’ compensation laws provide coverage for occupational diseases, but many employers and insurers will likely argue that coronavirus does not meet the definition of an occupational disease. A recent bill filed by Louisiana State Senator Womack filed March 31 would clarify that coronavirus is covered by Louisiana workers’ comp for at least “essential workers.” Per the governor’s orders, only essential workers should be working right now. The bill is numbered Senate Bill 475. It sets prescriptive periods for coronavirus comp claims to be the same as other occupational diseases – the latest of one year form when the disease manifests or one year from when it causes disability. It remains to be seen if this bill will be passed. The legislature is yet to reconvene, and it seems uncertain when it will do so. Hopefully when it does reconvene, it will pass this bill and take an essential step toward protecting Louisiana’s essential workers who are risking their lives at this difficult time.