Reporting COVID-19 Cases On Workers’ Compensation Insurance
Recently California Senate signed SB 1159 which confirms that an employee’s COVID-19 illness is an occupational injury and therefore eligible for workers’ compensation benefits if certain criteria are met. Employees who are ill with COVID-19 can stay home and be provided workers’ compensation benefits, thereby reducing the spread of the virus to others at work and within their community. The new law encourages employers to comply with all local health directives and guidance concerning safely reopening businesses to reduce exposure and to help mitigate outbreaks of COVID-19 in the workplace.
Here are some of the key points that employers should know and implement in their workers’; compensation claim handling:
Employers with five (5) or more employees must report to their claims administrator via email or fax, any instance of which they are aware an employee tested positive for COVID-19, or risk a substantial financial penalty. The report must be made within 3 business days.
If an employer is aware of an employee who tested positive prior to the effective date of this statute, between July 6, 2020 and September 16, 2020 they have until October 29, 2020 to report those cases.
California Labor Code Section 3212.88(i) states that “When the employer knows or reasonably should know that an employee has tested positive for COVID-19, the employer shall report to their claims administrator in writing via electronic mail or facsimile within three business days all of the following”:
An employee has tested positive. For purposes of this reporting, the employer shall not provide any personally identifiable information regarding the employee who tested positive for COVID-19 unless the employee asserts the infection is work-related or has filed a claim form pursuant to Section 5401.
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.
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.
If you have any questions about COVID-19 reporting, please contact us.
