Legislation Creating Certain Presumptions for Workers’ Compensation for COVID-19

The Senate Economic Development, Housing, and General Affairs Committee is proposing legislation to provide a presumption of workers’ compensation coverage for certain employees who contract COVID-19.  The current draft of the bill can be reviewed here.

The bill defines a number of “front line” employees, generally health and safety related, for the presumption, but also provides for other employees “if the employee receives a positive laboratory test or a diagnosis by a licensed health care provider for COVID-19 between March 1, 2020 and January 15, 2021 and either: 

(1)  had documented occupational exposure in the course of employment to an individual with COVID-19; or  

(2)  performed services at a residence or facility with residents or employees who:  

(A)  were present at the time the services were performed; and either   

(B)(i)  had COVID-19 at that time; or   

(ii)  were diagnosed with COVID-19 within a reasonable period of time after the services were performed.”

The issue of workers’ compensation coverage for COVID-19 cases is controversial and being discussed in a number of states.  The impact on workers’ compensation rates and the availability of more reasonable support for workers who become ill are among several questions of concern.  AIV is working with the Department of Labor and insurance and legal stakeholders to assess the bill as proposed and consider how best to engage on the bill as it moves forward – it has yet to be taken up by the full Senate and will then be reviewed in the House.

More updates will be provided in the future as warranted, but members with any questions or recommendations regarding the bill, as well as those interested in options for engaging on this issue, are encouraged to contact us at info@aivt.org.