Alabama Court Weighs COVID-19 Exposure and Workers’ Comp

Ever since COVID-19 appeared in early 2020, claimants have attempted to hold employers responsible for their illness exposure. Lawsuits about COVID-19 exposure have typically been unsuccessful because it’s nearly impossible to prove where or how a person caught the virus, and because a personal injury lawsuit relies on negligence. It’s very difficult—if not impossible—to prove that a person contracted COVID-19 because of another person’s negligence. Again, the plaintiff (injured person) would need to prove that the defendant’s action was the direct cause of their contracting COVID-19. 

Workers’ compensation has a fundamental difference from personal injury law, however: Workers’ comp is no-fault insurance. In other words, a claimant does not need to prove negligence or fault as the cause of an injury in order to receive Alabama workers’ compensation benefits. 

In early 2024, an Alabama appellate court decision suggested that COVID-19 could be considered a compensable non-accidental injury under the Alabama Workers’ Compensation Act (AWCA). This is particularly applicable to frontline healthcare workers, who have an unusually high likelihood of exposure in the workplace. 

Here’s a breakdown of the case, and what it might mean for future Alabama workers’ compensation claimants.

Meeks v. Opp Health and Rehabilitation, Alabama Court of Civil Appeals

Claimant Rena Meeks was working as a certified nurse assistant for Opp Health and Rehabilitation when she contracted COVID-19 in June, 2020. The following year, she filed a complaint in Covington County Circuit Court; she claimed she’d suffered permanent injuries to her lungs and airway and is permanently disabled as a result of having COVID-19. 

Meeks’ employer denied her claim and said her injuries did not arise from her employment and therefore were not qualified for coverage under the Act as either an accidental injury, occupational disease, or non-accidental injury. Meeks argued that she was at heightened risk for COVID-19 as compared to the general public because of her job, which she contended would make it an occupational disease under the Act. Her employer argued that because COVID-19 is a “highly contagious communicable disease,” it did not qualify as an occupational illness. 

The trial court ruled in the employer’s favor, saying that COVID-19 didn’t meet the statutory definition of an occupational disease. It did not address whether it could qualify as a non-accidental injury. Meeks shifted her argument to the non-accidental injury angle on appeal. 

The Alabama Court of Civil Appeals reversed the trial court’s judgment. The court based its finding in part on a 1938 case, Pow v. Southern Construction Company, 180 So. 288 (Ala. 1938). In Pow, the court found that pneumonia was compensable because the employment-related risk exceeded general exposure levels and therefore could be compensated under the Act. The Meeks court also found that COVID-19 was a unique situation in June 2020, because public activity was limited at that time (i.e. quarantines and lockdowns in place), the employee had direct interaction with infected patients, and there were not yet vaccines available to mitigate her risk. The court determined that these factors caused the employee to be at higher risk than the average person at that time.

Importantly, however, the decision doesn’t mean employees can expect to receive workers’ compensation for a COVID-19 exposure in the workplace moving forward. The court was clear that this would depend on the specific facts of a particular case, if the work environment would put an employee at higher risk of an illness than the average person.

Takeaways from the legal arguments, the appeal, and the outcome

The Alabama appellate courts don’t typically reverse an Alabama Supreme Court decision because the plaintiff raised a separate legal theory on appeal that wasn’t presented in the original trial. However, the appeals court didn’t settle on a statewide holding that COVID-19 is compensable through workers’ compensation. Instead, it was a reversal largely based on legal procedure, which is that you must plead and preserve the correct theory at the lower court level. 

With that understood, what does this mean for you as an Alabama worker? 

Or… can COVID-19 ever be a workers’ compensation claim in Alabama?

Based on Meeks, we’d have to say… maybe. The viability of a COVID-19 claim depends on facts that include:

• The nature of the job. Employees in healthcare, nursing homes, first response, lab work, etc. might be more likely to make a successful claim. 
• Evidence of a workplace outbreak. This could include known infected residents or patients, cluster events, or documented exposures. 
• Protective measures and policies. Employers can take measures like making PPE available, isolation protocols and staffing assignments to minimize exposure. 
• Medical proof. The affected claimant would be expected to provide documentation of the timing of their symptoms, testing, and a physician’s opinion linking exposure to the resulting impairment (i.e. medical causation). 
• Materially excessive risk. If there are facts that indicate that the worker’s exposure was materially greater than it would be in everyday life, this could be the proof that leads to a successful lawsuit for the plaintiff.

What should you do if you believe you caught COVID-19 at work?

If you’re an Alabama worker, and you believe COVID-19 caused you serious complications such as lung injury, cardiac issues, or long-COVID disability, here are some lessons you can take from the Meeks decision:

1. Notify your supervisor as soon as possible in writing of your condition. Follow your employer’s reporting and notice requirements.
2. Document the details of your exposure. Include dates, the unit or floor where you believe you were exposed, patient assignments, outbreak notices, and staffing schedules. 
3. Preserve your medical records. Include test results, ER or other doctor visits, imaging, pulmonary or cardiology notes, work restrictions, and any other relevant information. 
4. Track your wage loss and work restrictions. Be sure to note dates missed, reduced hours, or job changes that resulted from the lasting conditions after your COVID-19 infection. 
5. Speak with an Alabama lawyer early. Your claim must be evaluated under the most appropriate theory (i.e. occupational disease or non-accidental injury) and properly preserved in court if the case advances to litigation.

Can this apply to other illnesses, besides COVID-19?

If there’s one thing we’ve learned over the past five years, it’s to expect the unexpected. We never know what the future holds, and that includes the possibility of emerging illnesses and other threats to our health and well-being.

• For some workers, communicable disease exposure could be argued as occupational (a hazard specific to the job). 
• In other cases, it could be argued that an illness is a non-accidental injury, in which workplace exposure is materially greater and medical causation could be proven. 
• Procedurally, it’s a reminder that courts may dismiss a case early if the pleadings and preserved arguments don’t support a recognized path to compensation.

If you believe you’ve become ill from conditions at your workplace and have questions about your Alabama workers’ compensation claim or denial, you can contact us today at Nomberg Law Firm. Our team of compassionate, skilled, experienced workers’ compensation attorneys will work with you to seek the best possible result for your claim.