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Impacts of COVID-19 on Workers' Compensation Insurance Coverages
Impacts of COVID-19 on Workers' Compensation Insurance Coverages
Q: If my employee informs me he/she is positive for COVID-19, should I notify my workers’ compensation carrier?
A: Yes. If your employee informs you that they have tested positive for COVID-19 and allege that it occurred at work or may have arisen from work activities, you should follow your pre-pandemic procedures for reporting a workplace illness or injury. Each individual policy and state may provide prescriptive periods in which to file. Ensure that you document all information related to the filed claim and classify it as “COVID-19” in the description.
Q: Is COVID-19 is compensable under my workers’ compensation policy?
A: It Depends. Under certain circumstances, claims from health care providers and first responders may be allowed and, as the pandemic evolves, certain states are expanding coverage for workers compensation as it relates to them. Additionally, employees' claims may be compensable if they can provide medical documentation demonstrating that their condition falls within the scope of the individual state’s and/or policy’s definitions of illnesses. Each claim will be reviewed upon its own merits. Some of the factors that will be reviewed to determine compensability will be was the disease contracted during course of employment and/or was it contracted due to conditions peculiar to the work?
According to the National Council on Compensation Insurance, prior to the COVID-19, at least 19 states had policies stating that when firefighters and other first responders develop lung and respiratory illnesses, those conditions are presumed to be work-related and covered under workers’ compensation.
Q: Has the government mandated coverage for workers’ compensation?
A: Please visit this page for a detailed answer to this question
Q: Has the government mandated coverage for workers’ compensation?
A: It Depends. Coverage is specifically aligned with state and jurisdictional guidelines. Certain states (WA, CO, MI) have asked carriers to provide coverage in the quarantine stage for health care and first responder workers. At this time, Washington State is the only state to have done so given their unique WC program. The application of this coverage by the respective state governments evolve daily. To that end, Workers’ Compensation laws will not address COVID-19 directly (unless a state has taken specific steps to address the question of coverage for employees unable to work due to the virus). Each state will have their own response to the crisis.
Q: Will all workers’ compensation claims filed for individual in quarantine be covered?
A: It Depends. Each claim will be reviewed on its own merits and subject to each individual state’s evolving COVID-19 compensability requirements.
Subject to the above, employees that are quarantined without a positive COVID-19 test (that meets the requirements for work relatedness that caused their quarantine) will likely not be eligible for benefits.
Q: My business shut down and my employee lost his/her job, is this a covered workers’ compensation claim?
A: No. This is not a covered workers’ compensation claim. The worker did not contract COVID-19 while in the course and scope of employment.
Q:How will the Temporary Disability waiting period apply to quarantine?
A: States have various waiting periods before employees can collect temporary disability benefits. Because quarantines for COVID-19 exposure are 10 days, the decision on coverage for TTD will depend on the claim being deemed in the course and scope of employment. The waiting period will be covered if deemed compensable.
Q: If me or my employee files a claim will it be denied?
A: Please visit this page for a detailed answer to this question
Q: What should I be thinking of or documenting when I file a workers’ compensation Coronavirus insurance claim?
A: Please visit this page for a detailed answer to this question
Q: If an employee experiences a medical complication from the vaccine is this compensable?
A: Please visit this page for a detailed answer to this question
Responding to COVID-19 in the Workplace
We understand that there is a significant amount of information derived from a variety of sources. The HUB team has developed this comprehensive FAQ in an effort to consolidate the various questions and answers into one document.