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(1) Provide notice to your employer of the facts and circumstances which lead to the contraction of the virus within thirty (30) days after the date of the exposure or initial showing of the injury resulting from the exposure. Such notification period may be excused or extended where the cause of the injury (COVID-19) could not be identified without a medical opinion and the employee advised the employer within thirty (30) days after obtaining a medical opinion indicating that the injury arose out of and in the course of employment; In certain situations, the thirty (30) day notice requirement is extended to ninety (90) days if the claim is pursued as a condition which represents a risk inherent in your employment under an occupational disease theory; and

(2) To the extent that your employer and their workers’ compensation insurer/administrator does not accept responsibility for the claim, file a written, Petition for Benefits with the Office of Judges of Compensation Claims in the State of Florida within two (2) years after the date on which you knew or should have known that the injury arose out of work performed in the course and scope of your employment. A Petition for Benefits Form can be found at www.jcc.state.fl.us

Unless you are currently covered by a specific presumption of compensability described above, you must also provide your employer and their workers’ compensation insurer/administrator with a report signed by a doctor which includes:

(1) a summary of the facts and circumstances at work leading to the exposure;

(2) your diagnosis (for example, Coronavirus, COVID-19); and

(3) a statement that there is a causal connection between the diagnosis and your work activity at the time of the exposure.

Under the Workers’ Compensation Law, a medical opinion regarding causation need not be expressed with absolute medical certainty. However, the medical opinion must be based on a reasonable degree of medical certainty based on objective relevant medical findings. The accidental compensable injury must also be the major contributing cause of any resulting injuries. Major contributing cause means the cause which is more than 50 percent responsible for the injury as compared to all other causes combined for which treatment or benefits are sought. In cases involving occupational disease or repetitive exposure, both causation and sufficient exposure to support causation must be proven by clear and convincing evidence, unless you are covered under a special COVID-19 presumption of compensability described above.

As you can imagine, the worldwide spread of the virus calls into question whether you would have contracted the virus regardless of your employment. To combat this anticipated argument of behalf of the employer and their workers’ compensation insurer/administrator, even if you covered by a special presumption of compensability, you should, where possible, record as many details in support of the claimed, work-related exposure(s). What day/date(s) did the exposure occur? What was the approximate time of day/night when the exposure occurred? Where were you located when the exposure occurred? What were you doing at that time? Can you identify the specific individual(s) who had the virus? What specific interaction(s) did you have with the individual(s) who had COVID-19? Can you estimate the length of the exposure? Were you wearing any type of personal protective equipment such as a mask/respirator, hazmat suit, etc. at the time of the exposure? How close in time after the exposure did you experience any symptoms? Were you working and fully functional without restrictions or limitations prior to the exposure? If not for your job, would you have been exposed to the virus or contracted COVID-19?

While it certainly may not be possible to record all of these details, the law does not require you to pinpoint the exact date when the exposure occurred. However, the more detail you can provide the better as it may allow the medical provider to make the necessary connection between the virus and your employment, if necessary. Such detail may also enhance the credibility of the medical provider’s opinion on causation, if necessary.

If you have not done so already, consider keeping a written log or diary of the individual(s) and group(s) you come in contact with at work on a daily basis. Recording details of who and when you came in close contact/proximity of any individual(s) who appeared visibly sick: male/female, approximate age, race, nature and length of any exposure, and any unique identifying observations about the person such as whether they were coughing, sneezing, shivering, shaking, excessively sweating, had flushed or hot skin, a runny nose, red eyes, raspy voice, etc. may help make the connection between the exposure to the virus, diagnosis of the virus and your employment. This can be especially helpful if you cannot determine exactly when and where the exposure occurred.