The coronavirus pandemic has affected every segment of society around the world, and its impact continues. With the recent rise in cases, healthcare workers—who are at the forefront of the fight against the outbreak—have also died from the virus. This raises the question of whether such deaths are considered occupational accidents or work-related illnesses.
Healthcare Workers Who Died Because of the Pandemic
Doctors and other healthcare professionals are among the groups most affected by the coronavirus outbreak. From the start of the pandemic, those who were in direct contact with infected patients and who worked to care for and cure them have been at risk of contracting the virus themselves—and some have died as a result. In such cases, what rights do healthcare workers who die in the line of duty have, and is the fatal infection regarded as an occupational accident or an occupational disease?
The number of healthcare workers who have died in the fight against COVID-19 continues to rise. People also wonder whether these deaths are considered work-related. If it is determined that a healthcare worker contracted the virus at their workplace—typically a hospital—survivors such as the spouse, children, and parents may be eligible for a duty-related disability pension. If the infection is found to have occurred outside the workplace, then the rules for other public servants apply: beneficiaries may qualify for a death pension only if the deceased had at least 1,800 days (five years) of service. If a healthcare worker with fewer than five years of service dies, their family is not eligible for the death pension. However, when a healthcare worker contracts the virus at the hospital or while performing job-related duties and dies, their family is entitled to the death pension even if the worker had reported for duty just one day earlier. On the other hand, some specific monthly payments and benefits accorded to duty-related disabled personnel may not be granted in all cases.
Death Must Be Linked to the Job
Healthcare workers employed in public hospitals are considered civil servants, so if they die as a result of their duties they may be recognized as duty-related fatalities. For a death to be classified as duty-related and for the pension to be granted, the condition that caused the disability or death must have occurred while they were performing their duties and within working hours. If a worker dies while performing duties at a site belonging to another institution, or while carrying out work intended to protect the interests of their institution, a duty-related disability pension may also be granted. In short, for a death to be classified as duty-related, it must be established that the death was directly caused by work.
Proof Is Required
Proving where an infection was acquired can be difficult, especially with a contagious agent like a virus. To prevent hardship for the families of healthcare workers who were actively working in pandemic wards, it is important to document any available information about where the infection likely occurred. Families should ensure that details about the first symptoms and any diagnosis are recorded in the patient’s medical file. In the discharge summary and case history, all information related to possible sites of transmission should be provided by the deceased’s relatives. Phone records, call logs, or other relevant evidence should also be submitted when available. These kinds of details play an important role in establishing eligibility for duty-related pensions. Statements from coworkers who served alongside the deceased are also taken into account when determining entitlement to benefits.
The main challenge in granting a duty-related pension has been proving that the death was caused by work. Therefore, it is crucial that colleagues and family members of the deceased healthcare worker pass on any information or evidence they have. The same approach will be necessary for healthcare workers who may die from the virus at a later date.