Accidental Injury or Occupational Disease? Where American Workers' Compensation Law Currently Stands and Where It Should Go in Preparing for Pandemics

Authors

Delaney Williams J.D. Candidate, Belmont University College of Law

Abstract

Section I of this Note will introduce the basics of workers' compensation law, including the history of infectious diseases as compensable workplace injuries in the field of American workers' compensation law. Section II explains the fundamentals of both the occupational disease theory and accidental injury theory as a means for recovery when an infectious disease is contracted int he workplace. This section further explores how both theories, in their current state, fail to adequately protect employees in a pandemic emergency. Finally, Section III of this Note provides guidance on how state legislatures may proactively amend their workers' compensation schemes to better protect employees and why these proactive measures are vital to furthering the purpose of workers' compensation laws.

Recommended Citation

Williams, Delaney J.D. Candidate (2022) "Accidental Injury or Occupational Disease? Where American Workers' Compensation Law Currently Stands and Where It Should Go in Preparing for Pandemics," Belmont Health Law Journal: Vol. 6, Article 9.
Available at: https://repository.belmont.edu/healthlaw/vol6/iss1/9