New California Laws Regarding Workers’ Comp and COVID-19

California Workers’ Compensation and COVID-19 Laws: What Injured Workers Need to Know in 2026

When the COVID-19 pandemic swept across California in 2020, it fundamentally changed the landscape of workers’ compensation law. The state legislature acted swiftly to create special presumptions and protections for workers who contracted COVID-19 on the job — but those laws have evolved significantly since then, and understanding where things stand in 2026 is essential for any worker still dealing with the consequences of workplace COVID exposure.

I am Eman Yazdchi, a California Certified Workers’ Compensation Specialist with over 20 years of experience representing injured workers. Throughout the pandemic, I fought for frontline workers — nurses, firefighters, grocery store employees, teachers, and countless others — who contracted COVID-19 because of their jobs and were then denied the benefits they deserved. That fight continues today, particularly for workers suffering from long COVID, a condition that can be profoundly disabling and that insurance companies aggressively dispute.

This guide will walk you through California’s COVID-19 workers’ compensation laws, explain which protections are still in effect, detail how to file a claim, and expose the strategies insurers use to deny legitimate COVID claims. If you contracted COVID at work or are suffering from long COVID symptoms that affect your ability to work, this information could be worth thousands — or even hundreds of thousands — of dollars in benefits you are owed.

The Foundation: California’s COVID-19 Workers’ Compensation Presumptions

At the heart of California’s COVID-19 workers’ compensation framework are the rebuttable presumptions established in Labor Code Sections 3212.86 through 3212.88. These presumptions were groundbreaking because they shifted the burden of proof: instead of the worker having to prove they caught COVID at work, the law presumed the infection was work-related, and the employer had to prove it was not.

What “Presumption of Compensability” Means

Under normal workers’ compensation rules, the injured worker bears the burden of proving that their injury or illness arose out of and in the course of employment. This can be difficult with infectious diseases because exposure can happen anywhere — at work, at the grocery store, at a family gathering.

California’s COVID presumptions, building on the existing framework in Labor Code Section 5402(d), reversed this burden for qualifying workers. If you met the criteria, the law presumed your COVID infection was work-related. The insurance company could only defeat the presumption by presenting evidence that your exposure more likely occurred outside of work — a high bar to clear, especially for workers with significant workplace exposure.

SB 1159: The Landmark Legislation

Senate Bill 1159, signed into law on September 17, 2020, was the most significant piece of COVID-19 workers’ compensation legislation in California. It codified and expanded the COVID presumptions that Governor Newsom had initially established through Executive Order N-62-20.

SB 1159 created three distinct categories of presumption:

• Labor Code Section 3212.86: Applied to specific categories of workers, including firefighters, peace officers, healthcare workers, and other designated frontline employees. For these workers, a positive COVID test created a presumption that the infection was work-related.
• Labor Code Section 3212.87: Applied to all other employees who tested positive during a workplace “outbreak” — defined as a certain number of positive cases at a specific worksite within a 14-day period. For workplaces with 100 or fewer employees, an outbreak required 4 or more positive cases. For larger workplaces, 4% of the workforce testing positive constituted an outbreak.
• Labor Code Section 3212.88: Extended the presumption to additional categories of essential workers during declared states of emergency, including workers in food processing, agriculture, public transit, and education.

Which Workers Are Still Covered by COVID Presumptions in 2026?

This is one of the most common questions I receive, and the answer requires careful analysis of how the law has evolved.

The Sunset Provisions

SB 1159’s presumptions were not permanent. The original legislation included sunset dates, and subsequent legislative action has modified the timeline. As of 2026, the landscape is as follows:

• The outbreak-based presumption under Section 3212.87 has sunset for new claims, though claims that were timely filed while the presumption was active remain valid and must be adjudicated under the presumption.
• The presumptions under Section 3212.86 for specific frontline workers, particularly healthcare workers and first responders, received extensions through subsequent legislation and some provisions remain in effect for specific worker categories.
• Section 3212.88 provisions for essential workers during declared emergencies have largely expired, though again, timely-filed claims retain the benefit of the presumption.

The critical point is this: if you contracted COVID during a period when the presumption applied to your job category, and you filed a timely claim, the presumption still protects you — even in 2026. The sunset provisions affect new claims, not claims that were properly filed while the presumptions were active.

Workers Who May Still File Claims

Even without an active presumption, California workers can still file COVID-19 workers’ compensation claims. You simply bear the traditional burden of proving that your workplace exposure was a contributing cause of your infection. This is more difficult without the presumption, but it is far from impossible — particularly with strong evidence of workplace exposure, inadequate employer safety measures, or multiple coworkers who tested positive around the same time.

Furthermore, workers who are just now developing long COVID symptoms from infections that occurred during the presumption period may still have viable claims, even if they did not initially file. The one-year statute of limitations for filing a claim can be measured from when you knew or should have known that your condition was work-related — and for long COVID, that date may be well after the initial infection.

Long COVID Claims: The Next Frontier in Workers’ Compensation

Long COVID — also known as post-acute sequelae of SARS-CoV-2 (PASC) — has emerged as one of the most significant occupational health issues of the decade. According to the California Department of Public Health, an estimated 1 in 5 adults who contracted COVID-19 developed symptoms lasting more than three months. For workers whose infections were work-related, long COVID can be a compensable condition under workers’ compensation.

Common Long COVID Symptoms That Affect Work Capacity

Long COVID is not a single condition but a constellation of symptoms that can affect virtually every organ system. The symptoms most commonly seen in my practice that affect workers’ ability to earn a living include:

• Chronic fatigue: Debilitating exhaustion that does not improve with rest and dramatically limits the ability to sustain a full workday
• Cognitive impairment (“brain fog”): Difficulty concentrating, processing information, and maintaining attention — devastating for workers in any knowledge-based occupation
• Respiratory problems: Persistent shortness of breath, reduced lung capacity, and exercise intolerance
• Cardiovascular issues: Heart palpitations, chest pain, and increased risk of cardiac events
• Chronic pain: Muscle pain, joint pain, headaches, and neuropathy
• Psychological symptoms: Depression, anxiety, PTSD, and sleep disturbances
• Autonomic dysfunction: Including postural orthostatic tachycardia syndrome (POTS), which can cause dizziness, fainting, and inability to stand for extended periods

Proving Long COVID as a Workers’ Compensation Claim

Long COVID claims present unique challenges because the medical community is still developing its understanding of the condition. Insurance companies exploit this uncertainty aggressively. Here is what you need to establish a successful long COVID workers’ comp claim:

• Documented initial COVID infection: A positive PCR or antigen test result, or a clinical diagnosis documented in medical records, during a period of active employment.
• Evidence of workplace exposure: Documentation that your job involved exposure to COVID-19 — through patient contact, public-facing duties, crowded work conditions, or known workplace outbreaks.
• Medical causation opinion: A physician’s report linking your ongoing symptoms to the initial COVID-19 infection. This is best provided by a doctor familiar with long COVID, such as a pulmonologist, neurologist, or infectious disease specialist.
• Documentation of functional limitations: Detailed medical records showing how your symptoms limit your ability to perform specific work tasks. Functional capacity evaluations (FCEs) can be particularly valuable.
• Continuity of symptoms: Medical records showing persistent or recurring symptoms from the initial infection through the present. Gaps in treatment can be used by insurers to argue that your condition resolved and then recurred for non-industrial reasons.

Employer Reporting Requirements Under AB 685

Assembly Bill 685, which took effect on January 1, 2021, imposed significant reporting and notification requirements on California employers related to COVID-19 in the workplace. While some provisions have been modified since the height of the pandemic, the requirements established important precedents and generated documentation that remains relevant to workers’ compensation claims filed during the covered period.

What Employers Were Required to Do

Under AB 685, California employers were required to:

• Notify employees within one business day if they may have been exposed to COVID-19 at work
• Report workplace outbreaks to the local public health department within 48 hours
• Report to Cal/OSHA any COVID-related serious illness requiring inpatient hospitalization
• Maintain records of COVID-19 cases, notifications, and safety measures implemented
• Provide information to employees about COVID-19 benefits, including workers’ compensation

How Employer Reporting Failures Help Your Claim

Many employers failed to comply with AB 685’s requirements — either by not reporting outbreaks, not notifying exposed workers, or not maintaining adequate records. Ironically, these failures can actually strengthen a workers’ compensation claim. If your employer failed to report a known outbreak, failed to notify you of exposure, or failed to implement required safety protocols, this evidence supports the argument that your workplace was unsafe and that your COVID exposure was occupational.

I routinely subpoena employer records, Cal/OSHA complaints, and local health department outbreak reports when building COVID workers’ compensation cases. In many instances, the employer’s own records — or conspicuous absence of records — provide powerful evidence of workplace exposure.

How to File a COVID-19 Workers’ Compensation Claim in California

Filing a COVID-19 workers’ compensation claim follows the same general process as any other workers’ comp claim, but with some important nuances specific to infectious disease claims.

Step-by-Step Filing Process

Step 1: Report the injury to your employer. Notify your employer in writing that you believe you contracted COVID-19 at work. You must do this within 30 days of the date you knew or should have known your infection was work-related. For initial infections, this is typically the date of your positive test. For long COVID, it may be the date a doctor first told you your ongoing symptoms are related to your COVID infection.

Step 2: Request and complete the DWC-1 claim form. Your employer is required to provide you with a DWC-1 workers’ compensation claim form within one business day of learning about your injury. Complete the form and return it to your employer. Keep a copy for your records. This triggers the insurer’s obligation to begin investigating your claim.

Step 3: Seek medical treatment. You are entitled to medical treatment for your work-related condition. During the first 30 days, you may be required to see a doctor in your employer’s medical provider network (MPN). After 30 days, you may be able to switch to your own physician if you pre-designated a personal physician before the injury.

Step 4: Cooperate with the investigation — but carefully. The insurance company will investigate your claim and may request a recorded statement, medical records, and other information. I strongly recommend having an attorney before providing any statement to the insurer. Anything you say can and will be used to deny your claim.

Step 5: Follow up on the decision. The insurer must accept or deny your claim within 90 days. If the COVID presumption applies to your claim, the insurer’s initial investigation period is limited to 30 days for Section 3212.86 claims and 45 days for Section 3212.87 outbreak claims. If the insurer fails to deny the claim within the applicable period, the claim is presumed accepted.

Key Deadlines for COVID-19 Claims

• 30 days to report the injury to your employer
• 1 year from the date of injury (or date of knowledge for long COVID) to file a DWC-1 claim form
• 30-45 days for the insurer to accept or deny your claim (if a presumption applies)
• 90 days for the insurer to accept or deny if no presumption applies
• 5 years from the date of injury to petition to reopen a case for new and further disability

Denial Strategies Insurance Companies Use on COVID Claims

Insurance companies have become increasingly sophisticated in their strategies for denying COVID-19 workers’ compensation claims. After handling hundreds of these cases, I have identified the most common tactics — and I know how to defeat them.

Strategy 1: “You Were Exposed Outside of Work”

This is the most common denial basis. The insurer will scrutinize your personal life, social media, and daily activities to argue that you could have been exposed at a grocery store, a family gathering, a gym, or any other non-work setting. They may hire investigators to review your social media posts, interview your neighbors, or even conduct surveillance.

How to counter it: Document your workplace exposure carefully. Note the dates of known positive cases among coworkers, inadequate ventilation or PPE at work, crowded working conditions, and any employer safety failures. If the COVID presumption applies to your claim, the burden shifts to the insurer to prove non-occupational exposure — and mere speculation about alternative exposure is not enough to overcome the presumption.

Strategy 2: “Your Symptoms Are Not Related to COVID”

For long COVID claims especially, insurers will argue that your ongoing symptoms — fatigue, brain fog, breathing difficulties — are caused by depression, anxiety, deconditioning, aging, or pre-existing conditions rather than your COVID infection. They send you to their own doctors (known as Agreed Medical Evaluators or Qualified Medical Evaluators) who are known for minimizing occupational injuries.

How to counter it: Build a comprehensive medical record with doctors who specialize in long COVID. Neuropsychological testing can document cognitive impairment objectively. Pulmonary function tests can measure respiratory limitations. Cardiac evaluations can document cardiovascular complications. The more objective medical evidence you have, the harder it is for the insurer’s doctor to dismiss your symptoms.

Strategy 3: “You Did Not Report or File on Time”

Insurers will exploit any procedural deficiency. If you reported your injury one day late, if you filed the DWC-1 after the one-year deadline, or if there is any gap or inconsistency in your timeline, the insurer will use it as grounds for denial.

How to counter it: For long COVID claims, the statute of limitations argument can often be defeated by showing that you did not know — and could not reasonably have known — that your ongoing symptoms were related to your COVID infection until a doctor told you. The discovery rule under California law can extend the filing deadline in these circumstances.

Strategy 4: “Your Employer Complied with All Safety Protocols”

Some insurers argue that because the employer provided masks, implemented social distancing, and followed Cal/OSHA guidelines, the workplace was “safe” and the infection must have occurred elsewhere. This argument is legally flawed — workers’ compensation is a no-fault system, and employer compliance with safety protocols does not negate compensability.

How to counter it: Remind the insurer (and, if necessary, the judge) that workers’ compensation is a no-fault system. It does not matter whether the employer did everything “right.” If you contracted COVID at work, the injury is compensable regardless of fault. Furthermore, many employers’ safety measures were inadequate in practice even if they looked good on paper.

Strategy 5: Delay, Delay, Delay

Perhaps the most insidious strategy is simple delay. Insurers know that injured workers need money now — for medical bills, rent, and daily expenses. By delaying investigation, delaying treatment authorization, and delaying benefit payments, they pressure workers into accepting lowball settlements or abandoning their claims entirely.

How to counter it: An attorney can file penalties for unreasonable delay, request expedited hearings, and hold the insurer accountable for every missed deadline. Under California law, late payment of benefits triggers automatic penalty increases of up to 25%, and unreasonable delays can result in additional sanctions.

Benefits Available for COVID-19 Workers’ Compensation Claims

If your COVID-19 workers’ compensation claim is accepted, you are entitled to the same range of benefits as any other work injury claim.

Medical Treatment

All reasonable and necessary medical treatment for your COVID-related condition, including:

• Hospitalization and emergency care
• Specialist consultations (pulmonology, neurology, cardiology)
• Physical therapy and rehabilitation
• Prescription medications
• Mental health treatment for psychological consequences
• Long COVID specialty clinic treatment

Temporary Disability Benefits

If you cannot work due to your COVID condition, you are entitled to temporary disability payments at approximately two-thirds of your average weekly earnings, subject to state minimums and maximums. For 2026, the maximum temporary disability rate exceeds $1,700 per week.

Permanent Disability Benefits

If your COVID-19 infection or long COVID results in permanent impairment — such as chronic respiratory limitation, cognitive dysfunction, cardiac damage, or disabling fatigue — you are entitled to permanent disability benefits. The permanent disability rating is determined using the AMA Guides, Fifth Edition, and the California Permanent Disability Rating Schedule. Workers with ratings of 25% or higher may qualify for a life pension.

Death Benefits

Tragically, some workers died from COVID-19 contracted at work. California workers’ compensation provides death benefits of up to $390,000 (for injuries occurring in recent years) to surviving dependents, plus burial expenses of up to $10,000. Under the COVID presumptions, if a frontline worker’s death was preceded by a positive COVID test during active employment, the presumption of work-relatedness applies to the death benefit claim.

The Current State of COVID Workers’ Compensation Law in 2026

As we navigate 2026, COVID-19 workers’ compensation law in California continues to evolve. Here is where things stand:

Active Litigation and Pending Claims

Thousands of COVID-19 workers’ compensation claims filed during 2020-2023 remain in active litigation before the Workers’ Compensation Appeals Board (WCAB). Many of these cases involve disputed long COVID claims where the insurer accepted the initial infection but denies that ongoing symptoms are related. These cases are setting important precedents for how long COVID is evaluated and rated in the workers’ compensation system.

Medical Understanding Continues to Evolve

The medical community’s understanding of long COVID has advanced significantly since the early pandemic. Research published in 2024 and 2025 has provided stronger evidence of the biological mechanisms behind long COVID, including persistent viral fragments, autoimmune responses, and microclot formation. This evolving science strengthens workers’ compensation claims by providing objective medical evidence that long COVID is a real, physiologically-based condition — not “just anxiety” or “deconditioning” as insurers often claim.

Legislative Updates

The California Legislature continues to monitor the COVID workers’ compensation landscape. While the original SB 1159 presumptions have largely sunset for new claims, there have been legislative efforts to:

• Extend protections for healthcare workers who remain at high risk for occupational COVID exposure
• Clarify the standards for evaluating long COVID as a permanent disability
• Strengthen penalties for insurers who unreasonably deny COVID claims
• Ensure that workers who filed timely claims during the presumption period receive the full benefit of those presumptions, even as their cases proceed through years of litigation

What This Means for You

If you contracted COVID at work during 2020-2023 and are still experiencing symptoms, your claim may still be viable. If you filed a claim during the presumption period and it was denied, you may have grounds to challenge that denial. And if you are just now realizing that your chronic health problems are related to a COVID infection you had at work, you should consult with an attorney immediately to evaluate your filing deadlines.

Specific Worker Categories and Their COVID Protections

California’s COVID workers’ compensation laws recognized that not all workers faced equal risk. Different categories of workers received different levels of protection.

Healthcare Workers

Healthcare workers — including nurses, doctors, EMTs, medical assistants, hospital custodial staff, and home health aides — received the strongest protections under Section 3212.86. The presumption applied broadly to anyone providing direct patient care or working in a healthcare facility. According to the California Nurses Association, healthcare workers filed more COVID-related workers’ compensation claims than any other occupational group, with over 65,000 claims filed by healthcare workers between 2020 and 2023.

First Responders

Firefighters, peace officers, and other first responders were covered under Section 3212.86 and also benefited from pre-existing presumptions in Labor Code Sections 3212 through 3212.85, which already provided disease presumptions for public safety employees. These workers often had the strongest claims because of their well-documented workplace exposure and the overlapping legal protections available to them.

Essential Workers

Under Section 3212.88, essential workers in industries like food processing, agriculture, grocery retail, public transit, education, and corrections received presumption protections during declared states of emergency. Many of these workers — disproportionately lower-wage, immigrant, and minority workers — faced the highest rates of infection and the greatest barriers to accessing workers’ compensation benefits.

Office and Remote Workers

Workers who contracted COVID at the office could file claims under the outbreak-based presumption (Section 3212.87) if their workplace experienced the required number of positive cases. Workers who were primarily remote but contracted COVID during required in-office days may also have valid claims, though these cases require careful documentation of the specific workplace exposure.

Frequently Asked Questions About COVID-19 Workers’ Compensation in California

Can I still file a COVID-19 workers’ compensation claim in 2026?

It depends on your specific situation. If you contracted COVID at work and are only now experiencing disabling long COVID symptoms, the discovery rule may allow you to file a claim within one year of when you first learned (or should have learned) that your condition was work-related. If you previously filed a claim that was denied, you may be able to challenge that denial or petition to reopen your case. The five-year statute of limitations from the date of injury applies to petitions to reopen. I strongly recommend consulting with an attorney as soon as possible to evaluate your specific deadlines.

What if my employer says I caught COVID outside of work?

Your employer’s opinion is not determinative. If the COVID presumption applies to your claim (because of your job category and the timing of your infection), the burden is on the employer and insurer to prove that your exposure was non-occupational — and mere speculation is not enough. Even without the presumption, you can still prove workplace exposure through evidence such as known positive coworkers, inadequate safety measures, outbreak reports, and the timing of your infection relative to workplace exposure. An experienced attorney can help you build this evidence.

Does workers’ comp cover long COVID symptoms like brain fog and fatigue?

Yes. If your long COVID symptoms are causally related to a work-related COVID infection, they are compensable under California workers’ compensation. This includes medical treatment from specialists, temporary disability benefits if you cannot work, and permanent disability benefits if you have lasting impairments. The challenge is proving the causal connection, which is why thorough medical documentation and expert medical opinions are essential. Insurance companies aggressively dispute long COVID claims, so legal representation is particularly important for these cases.

What benefits can I receive for a COVID-19 workers’ compensation claim?

You may be entitled to: full medical treatment (including long COVID specialty care), temporary disability payments (approximately two-thirds of your average weekly earnings, up to the state maximum), permanent disability benefits (if you have lasting impairments), a Supplemental Job Displacement Benefit voucher (up to $6,000 for retraining if you cannot return to your former job), and death benefits (up to $390,000 for surviving dependents if a worker dies from work-related COVID). The total value of a COVID claim varies enormously depending on the severity and duration of your symptoms.

My COVID workers’ comp claim was denied. What can I do?

A denial is not the end of the road. You have the right to challenge any denial before the Workers’ Compensation Appeals Board (WCAB). Common grounds for overturning a denial include: the insurer failed to investigate properly, the denial was based on insufficient evidence, the insurer did not meet its burden of overcoming the COVID presumption, or the insurer applied the wrong legal standard. I have successfully overturned hundreds of COVID claim denials. You can learn more on our California Denied Workers’ Comp Claim Lawyer page.

Why You Need a Workers’ Compensation Attorney for Your COVID Claim

COVID-19 workers’ compensation claims are among the most aggressively denied and litigated claims in the system. Insurance companies have spent millions of dollars developing strategies to defeat these claims, and they count on unrepresented workers giving up when faced with a denial or a lowball settlement offer.

As a California Certified Workers’ Compensation Specialist, I bring over 20 years of expertise — including specific, hands-on experience with hundreds of COVID-19 claims — to every case I handle. I know which medical experts can most effectively document long COVID impairments. I know how to overcome the insurer’s “non-occupational exposure” arguments. And I know how to hold insurance companies accountable when they delay, deny, or underpay legitimate claims.

What Sets My Approach Apart

• Personal attention: I handle your case personally — you will not be passed off to a paralegal or junior attorney.
• COVID-specific expertise: I have been litigating COVID workers’ comp claims since the beginning of the pandemic and understand the unique medical, legal, and evidentiary issues involved.
• Aggressive advocacy: I do not accept lowball offers. I build every case as if it is going to trial, which puts me in the strongest possible position to negotiate a fair settlement.
• No upfront cost: I work on a contingency basis. You pay nothing unless I recover benefits for you.

Take Action: Protect Your COVID-19 Workers’ Compensation Rights

If you contracted COVID-19 at work, if you are suffering from long COVID that affects your ability to work, or if your COVID workers’ compensation claim was denied, you need experienced legal representation now. Deadlines may be running, and every day without proper advocacy is a day the insurance company uses to build its case against you.

Call my office today at (661) 273-1780 for a free, confidential consultation. I will review the facts of your case, explain your rights under California’s COVID-19 workers’ compensation laws, and develop a strategy to get you the benefits you deserve.

For more information about denied claims, visit our California Denied Workers’ Comp Claim Lawyer page. To learn about your general rights under California workers’ compensation, see our California Workers’ Comp Lawyer page. And for additional insights on how to fight back against claim denials, read our blog about denied workers’ comp claims.

You put your health on the line at work. Do not let an insurance company deny what you are owed. Call (661) 273-1780 today.