Is a workers compensation claim the right way to go for an employee who tests positive for COVID-19?
It’s important to note that reporting a claim is not an admission of liability; rather, it helps the insurer investigate the situation thoroughly and document the issue. The workers compensation insurer can then choose to accept or deny the claim, and the employer can allow the employee and the insurer to work out the details.
Filing a claim also protects the employer if the affected worker sues. The insurer can defend the employer with proper documentation in court if there is an indication the disease was not acquired at work.
Some states have enacted “presumptive, rebuttable” workers comp coverage mandates for COVID-19 for certain industries and sectors. Additionally, many states have developed health regulations that businesses must follow to protect workers from disease. Talk to your insurance professional about how best to minimize employee exposure to viruses and about the new workers compensation laws—most of which are temporary—in the states where you conduct business.
