WORKERS’ COMPENSATION LIABILITY FOR INFECTIOUS DISEASES STATE BY STATE


RHODE ISLAND

Rhode Island follows the “actual-risk” doctrine, which means that an employee must show that the injury arose out of an actual risk of employment. In claims of infectious disease, the employee must prove that the contraction of the disease is an actual risk of the employment. “In order to establish a predicate for application of the actual-risk theory, the employee would be required to sustain the burden of showing that this risk, even though common to the public, was in fact a risk of his employment.” Dawson v. A & H Mfg. Co., 463 A.2d 519, 521 (R.I. 1983). This doctrine could potentially apply to healthcare workers, but for nearly all other employments COVID-19 should be considered non-compensable.



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