HR Alert – Worker’s Compensation COVID Reporting Requirements

On September 17^th, SB 1159 went into effect which amended Labor Code 3212.86-88. 

Effective Immediately, the State of California is requiring ALL employers to report their employees’ positive COVID-19 tests to their Worker’s Compensation carrier – regardless if the employee has a work-related COVID 19 Workers Compensation claim. California Labor Code Section 3212.88(i)

This will not generate a Worker’s Compensation Claim, but it is a way for the State to monitor outbreaks. This new requirement is designed to help the state of California monitor and trace potential outbreaks and likely take action when necessary to mitigate any spread of the virus.

The details below have been compiled using the information provided by the State of California but keep in mind, that laws and regulations surrounding COVID-19 are changing rapidly, be sure to look out for updates

When to Report:

Within 3 business days knowing or should have known the employee tested positive.

The employee must TEST positive. This reporting isn’t required if the employee stays home sick and believes they have Covid.

What to Report

• Company information

• Do not provide the employee’s name unless the employee is claiming a worker’s compensation claim based on the fact that the employee believes the infection is work-related.  This would require a different form. 

• The date that the employee tests positive, which is the date the specimen was collected for testing.

• The specific address or addresses of the employee’s specific place of employment during the 14-day period preceding the date of the employee’s positive test.  This includes all buildings they work in if they work in many buildings or locations.

• The highest number of employees who reported to work at the employee’s specific place of employment in the 45-day period preceding the last day the employee worked at each specific place of employment.

Labor Code Section 3212.88(j) states that the intentional submission of false or misleading information or the failure to report this information may subject you to a civil penalty in the amount of up to $10,000 to be assessed by the Labor Commissioner.

For Claims related to Covid –

• Applies to employers 5 or more
• Must file a claim with the company workers compensation carrier.
• Must test positive within 14 days of an outbreak (breakout presumption)
• The employer has 45 days to investigate and reject the claim

Since this reporting requirement is specific to your worker’s compensation carrier, it’s advised that you check in with your carrier to make sure you’re up to date on their reporting process.

We will delve into this issue as well as others on our Labor Law Update 2021 on December 3.

If you have any questions, please don’t hesitate to contact Infinium HR at info@infiniumhr.com.