In Alabama, an occupational disease is defined as “a disease arising out of and in the course of employment… which is due to hazards in excess of
those ordinarily incident to employment in general and is peculiar to the occupation in which the employee is engaged
but without regard to negligence or fault, if any, of the employer.”

 

Therefore, for the coronavirus to be considered compensable in Alabama, the employee would have to be able to prove that
contracting it was due to hazards in excess of those ordinarily incident to employment in general and that it is peculiar to
the employee’s occupation. 

 

It will be difficult for an employee to show that contracting the virus resulted from a risk of employment.  The reason being that, like the flu,
you face the same sort of risk when you go home or when you walk about in public.  Some state laws have presumptions for health care workers or
first responders.  Alabama is not one of those states.  Without a statutory presumption in place, it would be nearly impossible to prove
causation.