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COVID-19 Workers’ Compensation in California: What Still Applies

Diefer Law Group
COVID-19 Workers’ Compensation in California

Covid

In 2025, California workers’ comp still covers COVID-19 if the employee contracts it at work. Presumptions under SB 1159 remain for frontline workers like healthcare and emergency services. Employers must report outbreaks, and employees retain access to medical treatment and wage replacement if infected while performing job duties.

COVID-19 was like an unrelenting tsunami, continuously hitting cities and states across the country day after day. At its peak, confirmed cases in the U.S. exceeded 18 million.

California was one of the states with the highest number of documented positive COVID-19 cases. Workers in various industries contracted the deadly virus and missed work as a result.

Fortunately, a workers’ compensation bill signed by California Governor Newsom in September 2020 provided protections and benefits for employees who contracted COVID-19 on the job.

COVID-19 Workers’ Comp Eligibility for Frontline Workers in California

Police officers, firefighters, healthcare workers, or anyone working around potentially sick individuals were automatically eligible for benefits if they tested positive for COVID-19. The law did not require these employees to prove they contracted the virus while working.

This presumption still applies in 2025 to protect frontline workers under SB 1159.

Workers’ Compensation for Other California Industries Affected by COVID-19

The law also laid out specific criteria for workers in other industries who contracted COVID-19 and sought benefits.

Most notably, an “outbreak” needed to occur in their working environment to establish eligibility.

How California Defines a Workplace COVID-19 Outbreak

For employees working at entities with 5–100 employees, an outbreak was considered to have occurred if at least 4 employees became ill in the same working environment within a two-week period.

For those at companies with more than 100 employees, an outbreak was defined as 4 percent or more of employees at the same location falling ill during the same timeframe.

Similar to frontline workers, these employees did not have to prove they contracted the virus while performing their job duties to be eligible for workers’ comp benefits.

These outbreak definitions and presumptions remain applicable in 2025 under California law.

What classifies as an “outbreak?”

For employees who work for an entity with 5-100 employees, an outbreak has occurred if at least 4 employees get sick in the same working environment within a two-week period.

For workers who are employed at a company with more than 100 employees, at outbreak has occurred if at least 4 percent of employees working in the same location within a two-week period become ill.

Similar to frontline workers, these workers also do not have to prove they contracted the virus while working on the job to be eligible for California workers’ comp benefits.

Why the 2025 COVID-19 Workers’ Comp Law Still Matters for California Employees

The bill offered relief and served as a lifeline for many California workers who were worried about supporting their families while recovering or quarantining due to COVID-19.

According to the Insurance Journal, a widely respected insurance trade publication, one in every nine workers’ compensation claims in California during the height of the pandemic was COVID-19 related.

Many workers also found comfort knowing the law protected them from termination for filing a COVID-related workers’ comp claim.

While COVID-related claims have declined, key protections under SB 1159 continue to apply in 2025—especially for first responders and essential workers. The law still acknowledges COVID-19 as a valid workplace injury when outbreak conditions are met.

California remains a leader in protecting workers facing long-term effects of COVID-19 contracted in the workplace.

Diefer Law Group Discussed COVID-19 Workers’ Comp on Fox 11 News

To further explain how California’s workers’ compensation laws changed during the pandemic,
Diefer Law Group appeared on KKFX Fox 11 Morning News.

In this news segment, attorneys from Diefer Law Group discussed how COVID-19 affected workers’ comp eligibility in California and what both frontline and non-frontline employees needed to know when filing claims.

Current Status in 2025

As of April 2025, these specific COVID-19 presumptions are no longer in effect. This means that employees who contract COVID-19 now bear the responsibility of proving that their illness is work-related to qualify for workers’ compensation benefits. The burden of proof has shifted back to employees, requiring them to demonstrate that their COVID-19 diagnosis is directly connected to their workplace activities.

Employers and employees should stay informed about any new legislation or policies that may impact workers’ compensation claims related to COVID-19.

Stay Informed — Get Legal Help When You Need It

For more information or assistance regarding workers’ compensation claims related to COVID-19, employees and employers can visit the California Division of Workers’ Compensation (DWC) Information and Assistance Unit.

If you have questions about your rights or need legal representation, Diefer Law Group is here to help. Our experienced attorneys are committed to staying current with California’s evolving workers’ compensation laws — including the latest developments post-COVID-19 presumptions.

Reach out to Diefer Law Group today to protect your rights and stay ahead of regulatory changes.

Quick Takeaways – COVID-19 Workers’ Comp in California (2025)

  • COVID-19 still covered under workers’ comp if job-related.

  • SB 1159 presumptions apply to frontline workers (e.g., healthcare, police).

  • Presumptions for others expired Jan 1, 2024 — proof of work exposure now required.

  • Outbreak rules: 4+ cases (small workplaces) or 4%+ (larger ones) within 14 days.

  • California led in protecting workers with 1 in 9 claims COVID-related during the pandemic.

  • Legal help is available — Diefer Law Group is here to assis

Picture of Abel Fernandez

Abel Fernandez

Attorney Abel Fernandez believes in the aggressive representation of injured workers. Workers’ compensation law is a very difficult and frustrating area of the law. Employees routinely have medical treatment and benefits delayed or denied by insurance companies. Mr. Fernandez fights for the rights of the injured worker to get medical treatment and the maximum amount of benefits possible. We have experience fighting the insurance company and adjusters, and we are committed to obtaining the best outcome possible for our clients.

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