This is a great question. The threshold which must be met is:
- The illness or disease must be “occupational,” meaning it arose out of and was in the course and scope of the employment.
- The illness or disease must arise out of or be caused by conditions “peculiar” to the work.
- So unless you are a healthcare worker subjected to influenza exposure because of the number of patients you are treating it is unlikely that they would be eligible to receive workers compensation benefits. Most employees who fall ill with the flu are covered under the health insurance and sick pay benefits. Unless the sick pay is exhausted it is unlikely that workers compensation would be needed. For more on the discussion click here.