Workers’ Compensation For COVID-19

Oct 6, 2021
As a result of Engrossed Substitute Senate Bill 5190, it is now presumed that if a health care worker contracts an infectious disease that is the subject of a public health emergency, such as COVID-19, this transmission is the result of workplace activities.

As a result of Engrossed Substitute Senate Bill 5190, which was signed into law this past legislative session, it is now presumed that if a health care worker contracts an infectious disease that is the subject of a public health emergency, such as COVID-19, this transmission is the result of workplace activities. “Health care worker” refers to an individual who works at a health care facility, including dental offices, and is directly involved in the delivery of health services.

How Does This Impact Me as an Employee?

This means that employees may be eligible for workers’ compensation medical and disability benefits when unable to work due to COVID-19. To qualify, employees must provide proof to Labor and Industries (L&I) that they have contracted COVID-19 – generally this can be shown through a positive test result from a medical provider. It is important to note that claims may not be accepted if there is evidence that COVID-19 was contracted from another source such as other employment, non-employment activities, the employee was working from home or another location, or was on leave for a period of time prior to testing positive. Additionally, if another federal or state program provides compensation for the time missed from work due to COVID-19, employees are not eligible to also receive benefits under this program.

Once a claim is accepted, temporary compensation begins when whichever of the following occurs first:

  • The first missed workday due to symptoms;
  • The day the worker was quarantined by a medical provider or public health official; or,
  • The day the worker received a positive test result confirming the infectious disease.

Employer Resources

The costs of these types of workers’ compensation claims will not be included when calculating experience rates of employers. L&I is hosting a webinar for employers on managing claims to control your insurance costs. This webinar will cover the workers’ compensation insurance claims process, your rights and responsibilities as an employer, how to mitigate the financial impacts of a claim, how to communicate with and get information to the claim manager, as well as protest rights, timelines, and various other information. The scheduled dates, times, and links to sign up for the webinars are below:

For questions or if you would like more information on the webinar, members can contact LniTraining@lni.wa.gov.