|Current COVID-19 Accommodations
The Governor’s office is considering an Executive Order related to workers’ compensation for COVID-19 that could require the following:
(1) All employees working outside of the home, at the direction of their employer,(not just essential workers) that contract coronavirus while the shelter in place order is in effect will be automatically covered by worker’s compensation. It is not a presumption, as there would be no opportunity to rebut it. It would be absolutely covered.
(2) Employees may be required to file claims during the period of the shelter in place
(3) Claims made under this proposal would not impact an employer’s rating
(4) An employer would still be able to apportion liability for permanent disability determinations.
Approval of Special Regulatory Filing in Response to Covid-19. WCIRB states they will: Exclude Covid-19 Claims from Experience Rating, Exclude payments to employees who continue to be paid while not working, Allow assignment of class code 8810 for temporary change in duties. WCIRB Governing Committee Approves Special Regulatory Filing in Response to COVID-19 | WCIRB California
The WCIRB released its Cost Evaluation of Potential Conclusive COVID-19 Presumption in California Workers’ Compensation. Estimating annual of claims costs ranging from $2.2Billion to $33.6 billion, or 61% of the total WC system prior to the impact of the pandemic. Evaluation summaries: Evaluation of Conclusive COVID-19 Presumption - News Release , Regulatory Filing New Release
DCRB Filing No. 2001 – Proposed Revisions to Delaware Statistical Plan Manual DCRB - Covid-19 related Claims Codes
The new codes are as follows:
Extraordinary Loss Event Code (Cat Code) No.12
Nature of Injury Code No. 83 - COVID-19
Cause of Injury Code No. 83 - Pandemic
4/27/20 – Circular 2020-04 Covid-19 Rule/ Reporting Changes 2020-04.
The following are proposed but not yet approved:
- Use of Statistical Code 0012 – Furloughed Employees
- Covid-19 Claims not be considered for Experience Rating Purposes
Moratorium restricting workers' compensation policy cancellations for premium due between 3/19/20 and 5/18/20 Moratorium Circular regarding cancellations 2020-03
While not specific to Covid, it is interesting they file a rate decrease eff 7/1/20. 7.1.20 rate decrease letter #2362, Adopted Covid Cause of Loss Codes Nature / Cause of Injury and Catastrophe Codes
4.10.20 presumption for WC coverage for first responders, certain health care and child care workers CAOM Revised Compensability Guidance 4/17/20 CAOM Revised Guidance 4.17.20 COAM having weekly calls with DIFS/WDCA regarding the Pandemic and how it impacts WC. CAOM will follow NCCI in adopting class code 0012 / Paid Furloughed Workers.
Covid-19 Preparedness Plan template and instructions – Gubernatorial Executive Order issued on 4.30.20
The plan outlines actions to be taken to be in compliance with CDC and MDH guidelines and includes guidance on things such as Worker hygiene and source control, social distancing, and health screenings among others. Preparedness Plan and Checklist.
4.10.20 Bill HR 4537 MWCIA HF 4537 - presumption for WC coverage for first responders, certain health care and child care workers.
FAQ on new law 4/20/20 FAQ - New WC coverage for employees who contract Covid -19
(all other states)
4/30/20 FAQ UPDATE: COVID-19 and WC: What You Need to Know -
Is Covid-19 compensable under state workers’ compensation acts?
..There are occupational groups that arguably would have a higher probability for exposure such as healthcare workers. However, even in those cases, there may be uncertainty as to whether the disease is compensable…
4/23/20 Jurisdictional chart by State regarding WC Compensability Presumptions created by NCCI. State Activity: Covid-19 WC Compensability Presumptions
NCCI 4.17.20 approach to Covid 19 related payroll, premium, claims, and experience rating
For a complete list of states governed by NCCI, please follow this link NCCI State Map
NCCI Legislative Activity Country Wide Map Legislative Activity by State
NCCI Circular - Countrywide--Announcement of Item B-1441--Revisions to NCCI Manual Rules Related to the COVID-19 (Coronavirus) Pandemic Countrywide-Revisions to NCCI Manual Rules Related to the COVID-19 (Coronavirus) Pandemic
Manual Amendment #496 – Increases maximum Schedule Rating to 35% - only applicable to in-force polices. NJCRIB Manual Amendment #496 - increase in schedule credit
Manual Amendment #495 ( Manual Amendment # 495 ) – Effective immediately and applying to all policies in effect on/after 3/21/20, the following changes have been enacted:
Exclude from the basis of premium any payroll associated with employees being paid but not actively working,
Allows reassignment of employees classification to 8810 – Clerical based on stay at home orders and when governing code doesn’t already contemplate clerical exposures,
Exclude all Covid-19 claims from experience rating calculations.
Circular Letter # 1983 – Effective 10/1/20 ACH Mandated payment of all Assessment Invoices ACH Mandated Payment of Assessments
Statistical Circular #127 – Statistical Plan Changes to include Covid-19 Specific Nature & Cause of Injury codes along with the Catastrophe Number for claims occurring from 12/19/19 forward. Statistical Circular # 127
5/1/20 – NYCIRB approves the reassignment of employees to class code 8873 when the following scenarios:
Temporarily Reassigned Employees,
which establishes new classification code 8873, Telecommuter Reassigned Employees, and requires that it be applied to the payroll of employees who, during New York’s stay-at-home order related to the COVID-19 pandemic (and future stay-at-home orders), are reassigned to either (a) not perform any work duties (idle), or (b) perform clerical work duties at home. The
loss cost rate for Classification 8873 will mirror the rate for Classification 8810 (clerical office employees)
Approved use of WC class code 8873 - Temporary Change in Duties
Executive Order 202.13 Moratorium on cancelling, non-renewing, or conditionally renewing workers compensation policies for 60 days as of 4/1/2020.
Released Circular Letter: Workers’ Compensation “CompScope” Benchmarks for NC. WC Benchmarks Circular Letter 4.23.20
This study continues to monitor the results of legislation passed in 2011, House Bill (HB) 709, and focuses on income benefits, overall medical payments, costs, use of benefits, and duration of temporary disability, litigiousness, benefit delivery expenses, timeliness of payment, and other metrics. It compares the performance of the North Carolina workers compensation system with 17 others states and examines how these system performance metrics have changed primarily from 2013 to 2018, with claims experience through 2019.
It will also provide a baseline for tracking the effectiveness of policy changes and monitoring important trends, such as the impact of COVID-19.
Calls for the deferred payments of premium through 6/30/20, presumption for WC coverage for first responders, and certain health care workers Executive Order 2020-12 First Responders, Health Care Workers .
Are employees who contract COVID-19 eligible for workers’ compensation benefits?
No. Diseases to which the general public outside of employment are exposed are specifically excluded from workers’ compensation coverage in North Dakota. COVID-19 fits into this exclusion. Even though it may be contended an employee contracted COVID-19 while working, the employee is not eligible for workers’ compensation benefits for this type of illness. Covid 19 FAQ - Exec Order 2020-15
FAQ’s updated 4/28/20
Among the new information:
Q: How does this impact state fund clients of PEO employers?
A: A client of a PEO employer must maintain active workers’ compensation coverage throughout the duration of any type of PEO agreement. Client employers will be treated the same as all other state fund employers and will have the option to defer payments until June without a lapse in coverage
Q: If I contract COVID-19, is it a compensable workers’ compensation claim?
A: It depends on how you contract it and the nature of your occupation. Generally, communicable diseases like COVID-19 are not workers’ compensation claims because people are exposed in a variety of ways, and few jobs have a hazard or risk of getting the diseases in a greater degree or a different manner than the general public. However, if you work in a job that poses a special hazard or risk and contract COVID-19 from the work exposure, BWC could allow your claim.
Q: How will employers report wages at true-up for operational employees who are teleworking as a result of Governor Mike DeWine’s “stay at home” order while receiving wages from the employer?
A: To ease the economic impact of the COVID-19 crisis on businesses, employers may report operational staff currently teleworking to class code 8871 – Clerical Telecommuter during a declared state of emergency. (read full remarks for additional stipulations / eligibility criteria)
The employer is to cease reporting operational employees’ wages to teleworking class code 8871 or 9420 once the “stay at home” order has ended or if the operational employee(s) return to performing their previous job duties
Q: I am a self-insuring (SI) employer or a client of a self-insuring Professional Employer Organization (PEO). Why don’t I receive a dividend payment like the state fund employers?
A: The recent dividend announcement was made possible for state insurance fund employers because of strong investment returns on the premiums BWC collects and lower than expected claims costs in recent policy periods. Self-insuring employers and self-insuring Professional Employer Organization(s) (PEO) do not pay premiums to the state insurance fund.
Q: Will employers who have suspended operations due to the COVID-19 who are paying employees while they are idle at home need to report the payments as payroll?
A: No. Employers are not required to report to BWC the wages paid to employees who are idle at home because of the COVID-19 pandemic.
PCRB Filing No. 308 – Proposed Revisions to Pennsylvania Statistical Plan Manual PCRB - Covid-19 Specific Claims Codes
The new codes are:
Extraordinary Loss Event Code (Cat Code) No.12
Nature of Injury Code No. 83 - COVID-19
Cause of Injury Code No. 83 – Pandemic
Loss Cost Changes – average decrease of approximately 10.8% PCRB - Loss Cost Decrease
Washington State Dept. of Labor & Industries – WC Coverage and Coronavirus Common Questions
Can COVID-19 ever be allowed as a work-related condition?
Under certain circumstances, claims from health care providers and first responders involving COVID-19 may be allowed. Other claims that meet certain criteria for exposure will be considered on a case-by-case basis.
In most cases, exposure and/or contraction of COVID-19 is not considered to be an allowable, work-related condition.
When to file a Covid-19 Claim:
Before helping a worker file a workers' compensation claim, the treating provider should consider if the following criteria are met:
- 1Was there an increased risk or greater likelihood of contracting the condition due to the worker's occupation (such as a first responder or health care worker)?
- 2 If not for their job, would the worker have been exposed to the virus or contracted the condition?
- 3 Can the worker identify a specific source or event during the performance of his or her employment that resulted in exposure to the new coronavirus (examples include a first responder or health care worker who has actually treated a patient with the virus)?
When will a claim likely be denied?
When the contraction of COVID-19 is incidental to the workplace or common to all employment (such as an office worker who contracts the condition from a fellow employee), a claim for exposure to and contraction of the disease will be denied.
WA L & I WC and Covid 19 FAQs Updated 4/23/20
Q: Do we treat stat code 0012 as a classification code but with $0.00 rate with manual premium or does this become an adjustment later in the premium algorithm?
A: Stat code 0012 is not a class code and should not be treated as a class code. The code can be reported on the policy but will not be included in any premium algorithm
Q: Will COVID-19 claims be included in my future experience rating modifications?
A: Wisconsin procedures will be consistent with those previously applied to other Extraordinary Loss Event catastrophe codes. Valid claims coded with catastrophe code 12 and reported to Wisconsin will be excluded from experience rating calculations for any employer(s) incurring one or more such claims.
Q: Will COVID-19 data be included in ratemaking?
A: The impact and treatment of claims reported under catastrophe code 12 will be discussed at the Actuarial Subcommittee meeting in November.
Q: How should the Exposure Act/Exposure Coverage code be reported?
A: Code 0012 is filed as a stat code only in WI. For WI the exposure coverage 00 is to be reported.
Circular 3209. WCRB Covid-19 FAQ's
Covid-19 FAQs WDWS - Covid-10 WC FAQs
Q: If an employee contracts COVD-19 as a result of their employment, will it be covered by Workers’ Compensation?
A: It depends. Pursuant to Wyoming Statute 27-14-102(a)(xi): "Injury" means any harmful change in the human organism other than normal aging and includes damage to or loss of any artificial replacement and death, arising out of and in the course of employment while at work in or about the premises occupied, used or controlled by the employer and incurred while at work in places where the employer's business requires an employee's presence and which subjects the employee to extra-hazardous duties incident to the business. "Injury" does not include:
(A) Any illness or communicable disease unless the risk of contracting the illness or disease is increased by the nature of the employment