Workers’ Compensation and COVID-19 Policy

March 10, 2022 - 7:25 pm
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This month marks a very sobering milestone in the COVID-19 pandemic: the two-year anniversary of a nationwide shutdown to prevent the spread of the virus. This monumental event threw us all into a new way of life. Current common concepts such as essential workers, remote-work, and social distancing were all unknown notions. Now, as we reach the second year of this new normal, we can begin to track the impact of the COVID-19 pandemic across various sectors of life: work, social, home, etc.

In the workers’ compensation industry, this means there are now precedents to what was unprecedented. As more cases go through the system, we are able to better understand how COVID-19-related claims are handled from state to state and what changes we should expect to see regarding policy. The RAND Corporation, a research organization that analyzes and develops solutions to public policy challenges, recently published a report examining the pros and cons of expanding workers’ compensation coverage for frontline workers who contract COVID-19 while working outside the home. While the report outlines the current policy landscape and aims to guide policymakers through past and future decisions surrounding COVID-19 and workers’ compensation, workers’ compensation attorneys, workers, and workplaces can benefit from understanding the ins and outs of this changing legislation.

As of July 31, 2021, 36 states, Washington D.C., and Puerto Rico have expanded or plan to expand workers’ compensation benefits to cover COVID-19-related claims for specific employees (mainly frontline and essential) working outside of the home. According to the data collected by the National Council on Compensation Insurance, policy changes designed to expand coverage are pending in the state of Georgia. This expanded compensability would come in the form of establishing rebuttable presumption, requiring employers to provide evidence the case of COVID-19 was not contracted in the workplace. 

We are still a long way off from realizing the full impact of the COVID-19 pandemic on the workers’ compensation industry, but continued studies and reports help broaden our understanding of the ever-changing landscape. To stay up-to-date on workers’ compensation and workers’ rights related to COVID-19 and more, continue to read our blog. At Poirier Law Firm, it is our job to fight for you—the sick or injured employee—and ensure you receive the compensation and payments you deserve.

 

Source: https://riskandinsurance.com/heres-how-policymakers-see-the-workers-comp-and-covid-19-connection/

https://www.rand.org/pubs/perspectives/PEA1346-1.html

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