Return to Work: Worker’s Compensation Claims

Besides the federal, state, and local return to work guidelines, employers will need to think about worker’s compensation– both if their workers return to work and if they stay remote.  MP’s HR services shares a few points that employers should be aware of, as well as the best HR strategies to mitigate risk. 

• If your team does return to work, you may need to be prepared for worker’s compensation claims for contracting COVID-19 in the workplace:  Generally, infectious diseases such as the flu cannot result in entitlements to worker’s compensation.  The DOL (Department of Labor) has said that it is particularly challenging to prove that an employee contracted a disease at work.  If workers are successful in a worker’s compensation claim, they’ll need to prove that the employer behaved negligently and created an unsafe working environment in which they caught COVID.  Some states do have legislation or will have legislation on this topic, though.  It’s best to stay apprised of state and federal regulations on this topic, as they will change rapidly over the course of the pandemic.  To cover their bases, employers may also want to consult with a lawyer and their worker’s compensation insurance carrier as they make their return to work plan.
    
• If your team does return to work during the pandemic, they may be entitled to hazard pay:  The FLSA (Fair Labor Standards Act) is not requiring hazard pay for employees whose jobs put them at risk of contracting COVID.  However, some state and local laws do put this responsibility on employers.  As noted above, the laws are changing rapidly surrounding COVID.  Employers should consult with a local labor lawyer and stay apprised of new legislation that might affect them in this area.  If employers utilize HR providers like MP, they can help with this task.     
    
• Teleworking and worker’s compensation claims: Employers should be aware that even if their teams stay remote or telecommute some of the time, they may still be liable for worker’s compensation claims.  The claims that are successful will frequently be similar to those that occurred at a workplace, such as carpal tunnel syndrome, lower-back strain, and trip-and-fall injuries.  The best way to protect against fraudulent claims is to create a telework agreement that lays out job duties, the employee’s schedule (including when they clock in and out and allowed break times), the expected results and deliverables of the employee’s work, and the expected job location. It should also require the workspace to comply with the same safety requirements of an office environment.  This would include a handy fire extinguisher and working smoke detector, as well as a lack of clutter, exposed wiring, and slippery surfaces. Telework agreements may also include an employer’s right to come physically inspect a residence after a worker’s compensation claim is made, as well as a requirement that employees report accidents immediately.  Employers should also check with their worker’s compensation insurance carriers to see that coverage will be provided for remote workers if needed.    

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