Under most state workers’ compensation (WC) laws, COVID-19 may be a compensable, work-related condition only if an employee can show that:
- He or she contracted the coronavirus while performing services growing out of and incidental to his or her employment; and
- The disease arose out of that employment (work relatedness).
As of July 29, 2020, however, several states have made—or are in the process of making—changes that reverse this burden for certain employees. In general, these changes mean that it would be an employer’s burden to prove that an employee did not contract COVID-19 on the job, rather than the employee’s burden of proving that he or she did contract it on the job. While most of these changes apply only to certain types of workers—such as first responders, health care providers or those who are otherwise deemed “essential”—some changes apply the new presumption more broadly.
Many states have also taken actions that aim to reduce the impact of COVID-19-related claims on an employer’s WC premium rates.
This Compliance Bulletin provides general information about the COVID-19-related changes made to state WC laws and policies.
Download the resource to learn more.