Friday, March 12, 2021

Longshore Act & Covid Claims

President Biden has signed the American Rescue Plan Act of 2021 into law.

Whilst the earlier version of this bill included a change to the Longshore and Harbor Workers' Compensation Act, that Covid-19 claims would be automatically covered, the final version of the bill did not include this provision. So, at least for the time being, there is no change in the Longshore Act in so far as Covid claims are concerned. 

Covid-19, like any other flu or virus, is generally not covered by Longshore.  The only time it can be covered is when the risk of illness at the worksite is above and beyond that of everyday life. The employer has the opportunity to provide evidence that the illness is not work-related. The claimant then must provide some evidence of a connection between the “injury” and their work.

Ian Greenway