Over the past year, changes to worker’s compensation laws in several states allow coverage for first responders and others who contract COVID-19 on duty. Worker’s compensation does not usually cover community acquired diseases as it’s difficult to prove that someone contracted it at work as opposed to in the general public (off-duty). Seventeen states have taken some form of action allowing first responders to submit claims for worker’s compensation insurance benefits for contracting COVID 19. Worker’s compensation support for first responders and other essential workers during the pandemic is essential with average costs of hospitalization for COVID-19 surpassing annual salaries for our nations heroes.

Changes to worker’s compensation policy is “presumptive” if it deals with the “burden of proof”. Beethan Moorcraft summarized how presumption laws impact normal workers compensation policy in his article, “COVID-19 workers’ comp presumption laws based on ‘misinformation’”.

Here are some resources to help you learn about these changes for your team, plan to make these changes to your state’s law, and avoid resistance from the insurance industry.

State Actions on COVID Workers Compensation: Source, NCSL, 2020

Here is a 2020 article from the bipartisan NCSL that links each state’s laws and actions. The table of actions by state above is from this article. 

This article for the insurance industry outlines an argument that the push for worker’s compensation presumption laws resulted from misinformation and are inappropriate. The author also discusses that presumptive laws alter the nature of workers comp in general. It’s an interesting read. We provided the quote above from this article.

Finally, here is a link to the insurance industry’s suggestions for rebuttals of the COVID 19 presumptions. Some rebuttals don’t apply to first responders working in the field who couldn’t work from home. However, every EMS, Fire, and Police Department has staff that does not work in the field directly but are at increased risk by virtue of having to come to a station, even periodically.

We will continue to follow this topic and update Chiefsays.com and the @EMSguru handles on social media. Stay safe!