ALERT – New Work Comp COVID-19 Reporting Requirement

In May 2020 the Governor issued a worker’s comp executive order which stated COVID-19 cases in the workplace were presumed to be a work-related illness. In the past and with other areas of illness and injury, the burden of proof that it happened at work falls on the employee. This executive order took that burden of proof away from the employee and it became presumed that they got it from work. The executive order expired on July 5^th, 2020.

However, on September 17, Gov. Newsom signed SB 1159 which expands worker’s compensation coverage for employees who contact COVID at work through December 2022. This bill goes into effect immediately.

Which employers are affected?

In addition to Healthcare Providers and First Responders, any employer who has 5 or more employees, but ONLY when there is an “outbreak”. In this case, the new law presumes a worker who contracts COVID-19 did so while working if (1) they test positive within 14 days after working at their place of employment, (2) the date worked was after July 6, 2020, and (3) the positive test occurred during an “outbreak” at the employee’s company. Employers have 45 days to reject a claim under this provision.

What is considered an outbreak?

• If the employer has 100 employees or less at a specific place of employment, four employees test positive for COVID-19 within 14 calendar days.(Note: As of September 11^th, the CA Dept of Public Health describes an outbreak as 3 or more within 14 days).
• If the employer has more than 100 employees at a specific place of employment, 4 percent of the number of employees test positive within 14 calendar days.
• When a public authority, such as the department of health, issues an order the company be closed due to a risk of COVID-19 infection.

Reporting Requirements

When an employer is made aware that an employee tests positive, the employer must contact their worker’s comp carrier and report within 3 business days. The carrier will want to know the name and date the employee tested positive, the company address, and the highest number of employees who have been to work within 45 days of when the employee last worked.

Additionally most businesses over 10 employees will need to report these illnesses on their OSHA 300 log. For a list of exemptions, see OSHA 300 Exemptions

For more information on reporting requirements go to DIR Reporting Requirements and OSHA 300 Reporting – business exemptions.

NOTE:  If any employee who has been tested positive from COVID-19 between July 6^th and September 17, it is advised that the employer contact their worker’s compensation carrier to discuss the claim within 30 days. Please contact your worker’s compensation provider for their specific claim guidelines.

This is huge reminder that the company needs to monitor the jobsite to ensure the greatest protection to their employees.   

Again, this can be very complicated and there may be some areas where businesses face liability for a misstep. Please contact us with any questions you have on this new requirement at info@infiniumhr.com.