As companies start to see employees contract coronavirus, some have questioned whether and how to claim costs related to employee treatment with their Workers Comp insurance carrier. NAPA’s understanding is that these types of industry claims are being denied. Some state’s may allow such claims, work-related or not. Before submitting, companies should review whether a claim infers the illness is work-related and therefore recordable (or reportable) under OSHA’s recordkeeping standard.
OSHA’s May 19 guidance states: “COVID-19 illnesses are likely work-related when several cases develop among workers who work closely together and there is no alternative explanation.” Two months later, OSHA provided additional guidance on reporting COVID-19 hospitalizations but rescinded that guidance two weeks later. Ogletree Deakins, a national labor-related law firm, posted a flowchart to help employers visualize whether an employee’s COVID-19 case should be considered recordable or reportable. If you have questions, contact Dr. Howard Marks.