With the onset of the COVID-19 worldwide pandemic in which frontline, first responders and essential workers are deemed to be at a higher risk, the workers’ compensation system has recently been challenged regarding causation and burden of proof.
In our April 29 article, Covid-19 Loss Mitigation-Part 1, we addressed the Claim Intake Process and offered additional proactive steps employers can take to improve claims outcomes, emphasizing that the burden of proof rests with the employee. Since then, however, many states (including California) have made a 180-degree shift, declaring that the burden of proof will now rest with the employer. In other words, the State is contending that the employer now has the burden of proof to demonstrate that an infected employee did not contract COVID-19 from their employment.
Either way, the protocols are no different when it comes to how employers should respond. Sloppy claim reporting does not benefit anyone and in the interest of positive outcomes for employers and employees alike, this article, Covid-19 Loss Mitigation-Part 2, provides sound claims reporting guidelines geared toward positive outcomes for all involved.
To learn more about these guidelines, click here.
Helping our clients to recognize exposures and enhance their programs is one of our many value-added services at Gunnin Insurance & Risk Management Services, Inc. Please reach out if you would like to discuss your organization’s specific needs.