Can my employee, who is diagnosed with COVID-19, make a workers' compensation claim?

Yes. If you employ a person or persons designated as First Response Employee and that employee is diagnosed with COVID-19 either by a physician or as a result of a test, and unless proven otherwise, that employee is considered to have a personal injury that arises out of and in the course of their employment. 

If your employee is not defined as a First Response Employee, you as the employer or your employee may also file a workers’ compensation claim using the normal statutory claim filing process. If you are not considered a First Response Employee, you can still make a claim for an injury or occupational disease if diagnosed with COVID-19.