Presumption, Rebuttal and Essential

Presumption. Rebuttal. Essential. These are the COVID-19 vocabulary words on the homework list for many workers’ comp stakeholders.

Louise Esola, writing in Business Insurance, highlights the current legislative push to accept COVID-19 claims from coast to coast. This quote from a Senior VP of Gallagher Bassett hits the nail on the head:

“For the very first time we have the entire insurance industry learning new laws on the fly. These are very big changes, and they are happening quickly. We are applying a disease (to workers’ compensation) that you could get walking down the street. There’s no (case law) history, we don’t have time to understand the implications of judicial rulings, and we have to make decisions.”

According to NCCI, nine states have greenlighted workers’ COVID-19 illnesses to be covered as compensable work-related injuries. Another thirteen states are at least considering “presumption” legislation.

Many claims can be rebuttable by employers by documenting safety measures in the workplace. Additionally, in certain jurisdictions, presumption legislation only applies to essential/frontline workers. Nevertheless, many experts believe COVID-19 issues will be here for the long term, and that workers’ comp costs will be significant.

Doing better requires us to stay current with the latest legislation as well as the latest medical protocols for diagnosis and treatment.

Call us. We can do better.

William Faris, JD
Chief Executive Officer
502-495-5040
william.faris@omca.biz
www.omca.biz

Posted in News