Covid-19 and Occupational Hazards

Whilst Covid-19 caused a global pandemic, with a significant number of resultant deaths, many individuals reported only mild to moderate respiratory illness with no special treatment required to recover.

Introduction

The World Health Organisation has stated that the Covid-19 global health emergency is over, however an estimated 1.9 million individuals in the UK report experiencing "long Covid", with 1.3 million having symptoms that lasted for more than a year and 762,000 having symptoms that lasted for more than two years.

With growing evidence and studies of individuals suffering from long Covid there has been increasing focus upon classification, treatment and for the purposes of benefits (under the Industrial Injuries Scheme), possible prescription.  

Whilst prescription in and of itself does not directly impact an employer’s culpability, it does provide an indication that certain industries/occupations involve a higher risk of illness and in turn can motivate individuals to pursue claims against their employers. 

Industrial Injuries Advisory Council Report (IIAC)

2022 Report

In 2022 the IIAC release a report which concluded that there was enough evidence to suggest that Health and Social Care Workers were at an increased “risk of infection, subsequent illness and death”.

Consequently, the IIAC recommended prescription of 5 Covid-19 related conditions for those working in hospitals and healthcare settings, namely:

1. Persistent pneumonitis or lung fibrosis following acute Covid-19 Pneumonitis 
2. Persisting pulmonary hypertension following a pulmonary embolism
3. Ischemic stroke 
4. Myocardial infarction
5. Symptoms of Post Intensive Care Syndrome following ventilatory support treatment for Covid-19

At that time the IIAC concluded that there was insufficient evidence to prescribe long-Covid:

“… there is limited understanding of the underlying pathophysiology, temporal course, and predictable effects of the key symptoms of Post-Covid syndrome and a lack of objective diagnostic methods. IIAC therefore considered that the evidence is not, at present, sufficient to recommend prescription for this syndrome.”

2024 Report

In November 2024 the IIAC published an updated paper, “Occupational Impact of Covid-19 in the Transport and Education Sectors” focusing upon transport and education workers. 

The IIAC noted that more evidence has become available for transport workers and those working in the education sector. However, there was still sparse or poor-quality data on other specific occupations and also on the group of occupations classified as key workers by the UK government; this position is largely unchanged from its previous two reports. This current report therefore presents the Council’s evaluation of the evidence that has now accrued in the education and transport sectors.

With regard to education workers the IIAC found no evidence of any marked increase in death rates in workers in the education sector associated with SARS-CoV-2 infection. In addition, the infection risks varied dependent upon when and where the studies were carried out and, overall, did not provide consistent evidence of a doubled risk in education workers. Therefore, the IIAC was unable to recommend prescription.

Conversely, analysing published data on mortality, the IIAC considered that the risks of infection were likely to be more than doubled in transport workers who have been working in proximity to the general public. Accordingly, the IIAC recommends:

“…  prescription for workers in bus/coach transport and taxis/private hire cars/cabs working in proximity to the general public in the two weeks prior to infection for the five serious pathological complications following Covid-19, as recommended for H&SCWs, which have been shown to cause persistent impairment and loss of function in some people.”

Those five conditions, largely mirroring its 2022 report, included:

1. Persisting pneumonitis or lung fibrosis following acute Covid-19 pneumonitis.
2. Persisting pulmonary hypertension caused by a pulmonary embolism developing between three days before and 90 days after a diagnosis of Covid-19.
3. Ischaemic stroke developing within 28 days of a Covid-19 diagnosis.
4. Myocardial infarction developing within 28 days of a Covid-19 diagnosis.
5. Symptoms of Post Intensive Care Syndrome following ventilatory support treatment for Covid-19.

Long Covid

The Council acknowledged that some people may suffer persisting symptoms that may impact their daily activities including their work (post-Covid syndrome or long Covid). However, the current understanding of the underlying pathophysiology of the key symptoms of post-Covid syndrome is limited, as is the ability to measure and diagnose the condition objectively.

The IIAC therefore concluded that there was not enough understanding or research regarding the pathophysiology of the syndrome. Therefore, there was not enough evidence to recommend prescription of long-Covid.

However, the IIAC intends to continue to monitor the evidence and available data and expects that there will be more evidence on the long-term adverse health consequences of Covid-19, including increased understanding of the underlying pathophysiology of the key symptoms of post-Covid syndrome.

Implications for Defendants and Insurers

Defendants and insurers alike had been holding their breath for a tsunami of claims that never materialised. The cohort of potential claimants is now relatively well defined and limitation has likely reduced that cohort to a relatively small number.

Whilst the UK Covid-19 Inquiry, and its findings, may draw focus to the failings of government, healthcare and other sectors, it seems unlikely that it will result in any significant number of claims being made. 

Similarly, if prescription as recommended by the IIAC occurs, greater focus will be placed upon the sectors in which those individuals worked, and employees may consider the culpability of their employers (should they have any; for example, and referenced within the IIAC’s report, private hire taxis etc. may be self-employed) for contraction of their disease. However, due to the significant causative hurdles which claimants face, and any time bar, it seems unlikely that prescription will agitate claims. 

It should be noted that the Government has yet to implement the IIAC’s 2022 recommendations which is perhaps telling. 

A greater concern for defendants and insurers, albeit a relatively remote one, is the outcome of group litigation pursued by Leigh Day and GA Solicitors (amongst others). These cases may involve attacks upon the applicable causative test for Covid claims. If the causative hurdle for such claims is lowered, which seems unlikely, this would likely result in a significant resurgence of claims.

Clyde & Co are specialists in dealing with occupational disease claims, and we have been monitoring developments around Covid-19 since the initial outbreak of the pandemic. For more on this subject, you can read all of our previous articles here, and if you have any questions about this topic you can contact Edward Sainsbury or any of our Occupational Disease team.