Boca Raton, FL – NCCI recently released a new Insights report that examines and provides updates on COVID-19 Workers’ Comp Presumption Legislation across the country.
Two years after the start of the pandemic, COVID-19 continues to be an important topic for workers compensation. In 2022, 14 states considered legislation related to COVID-19 workers compensation presumptions. Generally, these are presumptions that an employee’s exposure to, or contraction of, COVID-19 is work-related or is a compensable injury or disease.
When a state has a COVID-19 presumption in place, it is more likely that employees covered by the presumption (generally first responders, healthcare providers, and other essential employees) will receive workers compensation benefits for medical care and lost time from work if they are exposed to or contract COVID-19 in the workplace. These presumptions are aimed at providing protections for employees who have been on the frontlines of the COVID-19 pandemic, but they also have the potential to impact system costs.
The report outlines key questions and developments as of June 1, 2022, including:
- 1. How many states have established COVID-19 workers compensation presumptions since the start of the COVID-19 pandemic?
- 2. Are any of these states considering legislation to extend their presumptions and/or expand the presumptions to additional types of workers?
- 3. Are any states considering legislation that would establish new workers compensation presumptions for COVID-19 for certain workers?
- 4. Are any states considering legislation that could be applicable beyond the current COVID-19 pandemic?
- 5. Several of the COVID-19 presumptions that were enacted or adopted in 2020 and 2021 have expired. Other states have enacted, or are considering legislation, to extend their presumptions. Do we know how many states have COVID-19 presumptions in effect?