Rights if you contract COVID-19 at work: 980 CKNW

While some workplaces have moved to remote settings, many employees in Canada are still working outside of the home. As the pandemic continues, the risk of contracting COVID-19 continues to pose problems for many employees. What rights does an employee have if they contract the virus on the job?

A Vancouver employment lawyer at Samfiru Tumarkin LLP joined Mike Smyth on 980 CKNW to answer this question and more.

What They Discussed

If an employee gets COVID-19 at work and can prove it, are they eligible for workers’ compensation?

The most important variable is whether or not an employee can prove they actually contracted the virus at the workplace.

What does an employee have to do to prove they contracted COVID-19 at work?

Every employer in B.C has a legal obligation in keeping their workplace safe. Like any virus, it is harder to pinpoint where the virus spread. An employee will have to establish their employer was not following proper protocols as well as prove they did not contract the virus at any other location.

If a workers’ compensation claim is approved, what is an employee then eligible to receive?

At a minimum, for employees who test positive and are required to stay at home, possibly without paid sick leave there is a loss of income that can be pursued. In a worst-case scenario, if hospitalized if there are out-of-pocket expenses required, there are more potentially more damages that employees can claim.

With cases on the rise, will there be more claims made along these lines?

There does seem to be a possibility for more claims to be made to Work Safe BC in regards to COVID-19 as this seems to be the second wave of the pandemic. Many individuals who can’t afford to take time off will look for what options are available to them.

What government assistance programs are available to citizens now?

Employment insurance legislation has been expanded to cover many gig economy workers as well as the Canadian Emergency Wage Subsidy.

My employer didn’t allow me to wear my PPE while at work and as a result I contracted COVID-19. This was back in March, can I still file for compensation?

A claim can and should be filed. It is especially concerning if employers were not following proper health and safety protocols. A loss of income complaint could be made.

My son is a full-time student now but is worried after he finishes his program he won’t find a job. What employment insurance can he receive?

The Canada Recovery Benefit can be helpful in this situation as it is similar to the previous CERB program.