Healthcare workers like nurses face real risks from contagious diseases while on the job. California law may provide coverage through workers’ compensation for these exposures, though success often depends on showing a clear connection between the illness and your work.
Coverage for infectious diseases
California workers’ compensation can cover illnesses that result from workplace exposure to infectious diseases. Nurses and other healthcare staff may qualify if they can show the condition likely arose from their job duties, such as caring for patients.
In previous years, temporary rules presumed COVID-19 infections among healthcare workers were work-related during outbreaks. Those rules expired on January 1, 2024. According to California law, nurses must demonstrate that their illness whether COVID-19, the flu or another infection — likely resulted from their work environment, just as they would for other types of injuries.
Other illnesses, such as hepatitis or tuberculosis, may also qualify for coverage. Claims are more likely to succeed when a doctor confirms it is more probable than not that workplace hazards caused the infection rather than community exposure.
Key examples of covered exposures
Nurses encounter various risks in hospitals and clinics. Common scenarios include:
- Bloodborne pathogens such as hepatitis B or C from needle sticks or contact with bodily fluids
- Airborne illnesses like tuberculosis from prolonged contact with infected patients
- Respiratory viruses including COVID-19 contracted during high-exposure shifts
These examples illustrate the vulnerability created by routine tasks. While following safety protocols reduces risks, exposure can still occur.
Documentation and medical evidence
Strong documentation can make a difference in your claim. Consider collecting records that show your exposure risks, including work schedules, shift logs or incident reports from your facility.
Medical records play a central role. Your doctor may need to provide a diagnosis, test results such as Polymerase chain reaction (PCR) tests and a statement suggesting workplace conditions likely contributed to the illness.
Because contagious diseases also exist outside the workplace, insurance companies may review your non-work activities and family health history. Gathering comprehensive evidence can help support the likelihood that your infection came from work rather than personal life.
Steps to file a claim
Acting promptly may help protect your rights. You might consider the following steps:
- Report the illness: Notify your employer within 30 days after you suspect your illness relates to work or after you cannot work
- Get the form: Request the DWC-1 claim form, which employers must provide within one business day
- See a doctor: Seek medical care and complete the form with details about when and how the exposure occurred
- Submit the form: Give the completed form to your employer so they can send it to their insurance company
The insurance company reviews your claim after you submit it. If delays occur or the claim is denied, you may need to appeal the decision using the evidence you gathered.
Final thoughts on protections
California aims to protect healthcare workers from job-related illnesses, but the responsibility often rests on the employee to show a connection to work. Because rules can be complex and fact-specific, it may help to consult a legal professional for guidance on your workers compensation situation.