Across the nation, employees who contract the coronavirus in the workplace are being covered by workers’ compensation.
But the rules vary from state to state.
Some states have decided on a rebuttable presumption (whether or not an COVID-19 illness entitles employees to the benefit of workers’ compensation coverage).
In essence, employees get workers’ compensation in the following situations:
- Employees who test positive for the coronavirus, and give the employer a copy of test results.
- Employees who miss at least one day of work from the coronavirus.
- The positive test results are confirmed by the lab within a three-week period.
5 Tips to Choose the Right Workers’ Compensation Policy
The presumption is only applicable to workers at your assigned location or when they aren’t given the option of working remotely at home.
To refute the presumption, employers must prove a worker got the coronavirus when not on the job, such as when attending a social event or in some other way. Evidence is required.
An employee can file a claim when not meeting the standard for the presumption, but bears the burden of proof.
In some states, employers can offset the cost of the weekly benefit for employees in a couple of possible ways:
- The emergency paid leave portion of the Families First Coronavirus Response Act.
- The paid sick leave that covers the coronavirus.
In essential infrastructure sectors, employees are insured.
Worker Safety Tips to Save on Workers’ Comp Insurance
The workers’ compensation rules are different in each state. So, your best bet is to get up-to-date for your state. See your attorney for guidance for your industry and state.
From the Coach’s Corner, editor’s picks relevant for employers:
COVID-19 Workplace Safety Guidelines for Your Business — While it’s challenging for businesses just to keep the doors open, the coronavirus makes it difficult to maintain workplace safety. Here are some solutions.
COVID-19’s Lesson for Reviewing Business Procedures — Analogous for business in the coronavirus pandemic, doctors have plans of action and procedures to successfully reach their desired outcomes – to heal patients. Here’s the case to review your standard operating procedures.
Avoid HR Documentation Mistakes that Cause Legal Issues — You must anticipate possible adverse ramifications – how a jury or judge even months later would view your paperwork if the situation becomes a legal issue. Here’s how.
Smart Money Management – Exempt vs. Non-Exempt — As a business, worth your consideration is whether to employ salaried or hourly workers. There are pros and cons for each. Plus, an informative infographic: Salary Versus Hourly Employees: A Brief Overview
Minimize Your Unemployment Costs from COVID-19 Layoffs — As a result of the pandemic, unemployment contribution rates will significantly increase for businesses. Managers need to look ahead and implement strategies to save cash flow.
“If there is one thing that COVID-19 has shown us, it’s the little things that we likely took for granted that made our lives seem normal.”
-Kim Reynolds
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