Workers' Compensation: Long COVID: Back to Work Challenges

A recent report from the Centers for Disease Control and Prevention (CDC) sheds light on the prevalence and impact of Long COVID across the United States.

Key Takeaways from the CDC Report
The study, published in the Morbidity and Mortality Weekly Report (MMWR), reveals concerning findings:

Widespread Long COVID: 6.4% of non-institutionalized U.S. adults were experiencing Long COVID in 2023.
Significant Activity Limitations: Among those with Long COVID, a substantial portion (19.8%) reported considerable activity limitations due to their symptoms.
State Variations: The prevalence of Long COVID and associated activity limitations varied significantly across U.S. jurisdictions.

What is Long COVID?
Long COVID, also known as post-COVID conditions, refers to various health problems that can develop following a COVID-19 infection. These problems can occur weeks, months, or even years after the illness. Common symptoms include:

Fatigue
Cough
Shortness of breath
Cognitive difficulties ("brain fog")
Joint pain
Chest pain

Source: CCD

Workers’ Compensation
The CDC report on Long COVID and activity limitations will likely significantly impact workers' compensation claims related to the condition:

Increased Claim Volume: The report confirms the widespread prevalence of Long COVID and its associated limitations, suggesting a potential surge in workers' compensation claims related to the condition.
Eligibility Challenges:

Proving Causation: Claimants must establish a clear link between their Long COVID symptoms and a work-related COVID-19 infection. This may involve demonstrating occupational exposure to the virus and that the infection likely occurred in the workplace.
Defining "Work-Related": Determining whether a COVID-19 infection qualifies as work-related can be complex and may vary by jurisdiction. Factors such as the nature of the workplace, employee duties, and exposure risks will need to be carefully considered.

Medical Evidence:

Diagnosis and Treatment: Establishing a diagnosis of Long COVID and documenting its impact on the claimant's ability to work will require comprehensive medical evidence, including:

Medical records documenting the COVID-19 infection.
Detailed medical evaluations of Long COVID symptoms.
Treatment records, including medications, therapies, and other interventions.

Expert Testimony: Expert medical testimony may be necessary to establish a causal link between the work-related infection and the claimant's Long COVID symptoms and limitations.

Benefits Disputes:

Duration of Benefits: Disputes may arise regarding workers' compensation benefits duration for Long COVID. Factors such as the severity of symptoms, the availability of effective treatments, and the potential for recovery will be crucial in determining the appropriate length of benefits.
Scope of Benefits: Disputes regarding the benefits available to claimants with Long COVID may also arise. These may include:

Medical treatment costs.
Temporary disability benefits.
Permanent disability benefits.
Vocational rehabilitation services.

Why is This Report Important?
This report highlights the ongoing public health burden of Long COVID. It emphasizes the need for:

Continued Surveillance: Monitoring the prevalence and impact of Long COVID is crucial to understand its evolving nature and inform public health responses.
Targeted Interventions: Developing and implementing strategies to address the specific needs of individuals with Long COVID, including support for managing symptoms and returning to daily activities.
Raising Awareness: Educating the public about Long COVID and its potential long-term consequences.

For More Information:

Notes from the Field: Long COVID and Significant Long COVID–Associated Activity Limitation Among Adults, by Jurisdiction — United States, 2023, MMWR 12/19/2024

Visit the CDC's Long COVID webpage

Workers’ Compensation Benefits for Long COVID, www.gelmans.com

Please Note: This blog post is intended for informational purposes only and should not be considered medical advice. Always consult with a healthcare professional for any health concerns. For legal advice or assistance, consult a professional. For specific guidance on workers' compensation claims, please consult an experienced attorney to discuss their circumstances and understand their rights and options.

Recommended Citation: Gelman, Jon L., Long COVID: Back to Work Challenges, www.gelmans.com (12/21/2024) https://workers-compensation.blogspot.com/2024/12/long-covid-back-to-work-challenges.html

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*Jon L. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (West-Thomson-Reuters). For over five decades, the Law Offices of Jon Gelman 1.973.696.7900
jon@gelmans.com has represented injured workers and their families who have suffered occupational illnesses and diseases.