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Triple-I Blog | What does the COVID-19 pandemic mean for workers' compensation claims?



To date, the effect of COVID-1

9 on workers' compensation has not been as great as first feared. The National Council for Compensation Insurance (NCCI) reported that as of the second quarter of 2020, 100,000 active workers accounted for compensation, COVID-19 medical damages only about 200, depending on the jurisdiction.

Still, the pandemic presents uncertainty and concern for workers' compensation, just as for many other sectors.

NCCI's annual survey showed that COVID-19 was the biggest concern for workers' compensation leaders until 2021. Leaders are concerned about the duration of the pandemic. , the size and number of claims that can be developed, recovery time for workers sick with COVID-19 and whether there would be long-term needs or lasting negative effects.

Managers also mentioned government assumptions about compensability that have arisen during the pandemic. These presumption rules, adopted by various states, state that COVID-19 infections in some workers are assumed to be work-related and covered by work compensation. This assumption is charged to the employer and the insurer to prove that the infection was not work-related, making it easier for these workers to file successful claims.

The executives surveyed by the NCCI expressed concern about the variations that developed between states and the complexity of laws and regulations that increase the challenge in the rapidly evolving environment. Several listed issues and issues related to reinsurance for presumptive claims. Others expect that assumptions for compensable for communicable diseases, such as those established for COVID-19, will be widely and permanently adopted or even extended, in some cases, to other common diseases.

In many states, immigrants are entitled to workers' benefits regardless of their legal status. A recently published blog post by a legal expert showed how a decision by the Supreme Court of Nevada reiterated that state statutes for employee compensation clearly and unambiguously protected every person employed by an employer, whether legally or illegally employed. The Supreme Court upheld the ruling of the State District Court, which denied judicial review of a decision of an appeal to grant permanent paper capacity to a paperless worker.


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