covid-19 Archives - Chief Says

First Responder Workers Comp COVID-19 Claims – Presumption Laws

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

State	Status	Type of Worker With Presumption of Occupational Disease	Bill or Order Number
Alaska	Enacted (program expired)	First repondersHealth care workers	SB 241
Arkansas	Executive Order	All workers whose jobs make exposure to COVID-19 possible or likely. The order does not give a presumption of coverage, but defines COVID-19 as an occupational disease making it coverable by workers compensation under the regular process of filing a claim.	EO 20-35
Arkansas	Executive Order	Any worker who can establish that they contracted COVID-19 as a result of their job	EO 20-35
California	Executive Order	All workers who test positive for COVID-19 and who are not exclusively working from home	EO N-62-20
California	Enacted	All workers exposed to COVID-19 resulting from a hazardous workplace	AB 685
California	Failed	First respondersHealth care workers	A B 664
California	Failed	All essential workers	AB 196
California	Enacted	Workers employed to combat the spread of COVID-19	SB 1159
California	Failed	Hospital workers	SB 893
Colorado	Failed	All essential workers	SB 216
Connecticut	Executive Order	All essential workers who contracted COVID-19 between March 10, 2020 and May 20, 2020	EO 7JJJ
Florida	Admin. Policy Change	First respondersChild safety investigatorsCorrections officersNational Guard service members responding to COVID-19State-employed health care workers	CFO Directive 2020-05
Florida	Informational Memorandum	Reinforces the administrative policy change and informs insurance carriers that existing Florida law defines and covers occupational diseases.	OIR-20-05M
Illinois	Enacted	All essential workers	HB 2455
Kansas	Failed	All workers who work in close proximity with the public or coworkers	HB 2007 (special session)
Kansas	Failed	All workers who work in close proximity with the public or coworkers	HB 2018 (special session)
Kansas	Failed	All workers who work in close proximity with the public or coworkers	SB 1 (special session)
Kentucky	Executive Order	First respondersHealth care workersMilitary and National GuardDomestic violence shelter workersChild advocacy workersRape crisis center staffGrocery store workersPostal workersChild care workers	EO 2020-277
Louisiana	Failed	All essential workers	SB 475
Massachusetts	Pending	ParamedicsEmergency and urgent care health care workers	HD 4949
Massachusetts	Pending	Emergency room and urgent care health workers	HB 4749
Massachusetts	Pending	All public employees working outside of their home	SB 2732
MIchigan	Pending	All essential workers	HB 5758
Michigan	Pending	First respondersHealth care workersCorrections officers	SB 906
Michigan	Pending	All essential workers	SB 928
MIchigan	Executive Order	First respondersHealth care workers	EO 2020-125
Michigan	Pending	Workers who contract COVID-19 would be ineligible for workers’ compensation if their employer was in compliance with public health requirements and guidelines	SB 1019
Michigan	Pending	All workers who are required by their employer to work outside their home	HB 6040
Minnesota	Enacted	First respondersHealth care workers	HF 4537
Minnesota	Failed	School and higher education workers	HF 9 e
Minnesota	Failed	School and higher education workers	SF 16 f
New Hampshire	Executive Order	First responders	Emergency Order #36
New Jersey	Pending	All essential workers	AB 3998
New Jersey	Enacted	All essential workers	AB 3999
New Jersey	Pending	Would prohibit payment of workers compensation benefits for COVID-19 unless the employer committed gross negligence	AB 4496
New Jersey	Pending	Workers in warehouses and distribution centers	AB 4784
New Mexico	Executive Order	Certain state workers and volunteers	EO 2020-025
New York	Pending	First responders	SB 8117A
New York	Pending	All workers who have contact with others	SB 8266
New York	Pending	All workers at risk of exposure as part of their job	AB 10401
North Carolina	Failed	First respondersCorrections officers	HB 1056
Northa Carolina	Failed	All essential workers	HB 1057
North Dakota	Executive Order	First respondersHealth care workersProviders of treatment, care, programs or services to individuals with intellectual or developmental disabilitiesEmployees of the Life Skills and Transition Center*Benefits limited to temporary wage replacement while in quarantine and health care treatments	EO 2020-12.2
Ohio	Pending	First responders	HB 571
Ohio	Pending	All essential workers	HB 573
Ohio	Pending	Grocery store workersFood processing workers	HB 605
Ohio	Pending	Health care workers	HB 633
Ohio	Pending	Corrections officers	HB 667
Ohio	Pending	First responders	HB 668
Pennsylvania	Failed	Workers employed by a life-sustaining business or occupation	HB 2396
Puerto Rico	Enacted	All workers infected while performing authorized services	SB 1540
Rhode Island	Pending	All essential workers	HB 8066
South Carolina	Failed	First respondersHealth care workersCorrections officers	HB 5482
Tennessee	Failed	Essential workersAny infected worker if 9 or more other workers at the same location have also become infected	SB 8007b
Texas	Pre-filed	Nurses	HB 396
Utah	Enacted	First respondersHealth care workers	SB 3007
Vermont	Enacted	First respondersHealth care workersCorrections officersLong-term care staffChild care providersEmployees of pharmacies or grocery storesOther workers with high risk of exposure	SB 342
Virgina	Failed	First respondersHealth care workersSchool employees	HB 5028a
Virgina	Failed	First responders	SB 5022a
Virginia	Failed	First respondersHealth care workers	SB 5097a
Virginia	Failed	First respondersHealth care workers	SB 5104a
Virginia	Failed	First respondersHealth care workersCorrections officers	SB 5066a
Virgina	Failed	First respondersHealth care workersSchool employees	HB 5028 a
Washington	Admin. Policy Change	First respondersHealth care workers	Press Release
Wisconsin	Enacted	First responders	AB 1038
Wyoming	Enacted	All workers otherwise covered under workers’ compensation	SB 1002 (special session)

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!