More States Considering Workers’ Comp Covid Legislation
Covid presumptions could be joined by new vaccine-related workers’ comp laws in several states.
During the past two years, a number of states have passed legislation regarding workers’ compensation presumptions for Covid-19, according to the National Council on Compensation Insurance (NCCI). These laws codify “presumptions that an employee’s exposure to, or contraction of, Covid-19 was work-related or is a compensable injury or disease,” NCCI reports.
Additionally, 2021 saw numerous states propose legislation to create presumptions that would apply to events beyond the current pandemic. Tennessee and Washington enacted this type of law, according to the NCCI.
The coming year is expected to bring a continuation of Covid-19 presumption legislation. In an example of what this year might hold, Florida legislators have already filed a bill for the 2022 session that would establish a workers’ comp presumption for Covid or other infectious diseases, for emergency responders and public safety workers.
Workers’ Comp and Vaccine Mandates
Some states have also prefiled legislation regarding workers’ compensation and Covid-19 vaccinations. For example, Alabama legislators have proposed two bills that would provide a private right of action against an employer for certain injuries or death resulting from an employer-mandated Covid-19 vaccination. Kentucky, New Hampshire, and South Carolina are also currently considering bills dealing with adverse reactions to the vaccine.
In New Hampshire, the proposed bill would deem an adverse reaction to an employer-mandated vaccination as an occupational disease for the purpose of determining workers’ comp eligibility.
During 2021, Idaho, Tennessee, Texas and Wyoming attempted to pass similar legislation regarding workers’ compensation eligibility and vaccine mandates, but none was enacted.
“While additional states may propose Covid-19 vaccine-related legislation, it is possible that other new Covid-19 workers’ compensation-related trends will also emerge during the 2022 legislative season,” wrote Laura Kersey, division executive, regulatory & legislative analysis, at the NCCI.
From: PropertyCasualty360