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How Does Workers’ Compensation Work in Light of COVID-19?

Sep 16, 2021

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Workers’ compensation insurance was created to provide financial support to workers injured on the job without clogging up the legal system. Like car insurance in some U.S. states, workers’ comp is a no-fault policy, which means any injured worker can file a claim – even if they caused their own accident.

Now that the COVID-19 pandemic is bringing new risks to the workplace, many people are wondering if the rules for workers’ comp have changed, and if so, how? While workers’ comp itself has not changed, it’s not exactly clear whether COVID-related illness or injury is going to be covered moving forward.

 

Workers’ compensation is supposed to cover injuries and illnesses caused at work

Generally speaking, workers’ compensation covers both injuries and illnesses that occur on the job. This can include injuries sustained from falling, cuts, head injuries, broken bones, musculoskeletal injuries, and illnesses that develop from long-term exposure to harmful substances.

With some employers mandating COVID-19 vaccines for all employees, many people are wondering if they get injured from the shot, will they qualify for workers’ comp? That’s a rocky road.

 

COVID-19 vaccine injuries might not be covered or compensated by anyone

Vaccine makers have been shielded from liability since October 1, 1988. In 2018, the U.S. Supreme Court upheld this protection. And, although some attorneys say vaccine-injured employees could be eligible for workers’ comp if their employer mandated the shot, it’s not black and white.

The Public Readiness and Emergency Preparedness Act (PREP Act) could extend liability immunity to employers who are classified as program planners that supervise or administer COVID-19 vaccines onsite. However, it’s impossible to know how any claims would play out until someone challenges the system.

If a vaccine injury were to be covered, the situation would likely need to meet the following criteria:

  • The employer required the vaccine as a condition of employment

  • The employer administers the vaccine onsite to employees

  • The vaccine is administered to employees while on the clock

  • The employer covers transportation to and from the vaccine clinic


The situation is too new to know how workers’ comp claims would be processed. However, there is a huge possibility that if the vaccine is deemed required for employment, the employee won’t be able to file a claim with workers’ compensation. There might be a few claims that get approved initially, but employers’ attorneys will likely find ways to avoid liability.

If workers’ comp covers vaccine injuries, it will be a game-changer

Since workers’ comp is a no-fault policy that doesn’t consider responsibility for paying out, the decision to cover – or not cover – COVID-19 vaccine injuries will certainly change the rules of the game.

Under the current workers’ comp rules, an employee forced to get the shot should be covered. However, searching the VAERS database reveals an astonishing number of injuries reported.

Given enough time, it’s possible that workers’ compensation insurance companies could become overwhelmed with claims and will therefore have every reason to make an exception for vaccine-related claims. This would be no different than flood insurance companies barring policyholders in flood zones. Insurance companies are for-profit corporations and their profits always come first.

 

OSHA logs might support workers’ comp claims – and more

Employers are required to record all serious injuries on what’s called a “300 log.” According to OSHA, any vaccine-related injuries, including illnesses, need to be recorded on an employer’s OSHA logs just like any other injury or illness.

If an employee is unable to work, in full or in part, they’re going to have a restricted workday. For those who are more severely injured and unable to work, the consequences will be devastating.

It’s possible that in the future, vaccine injured employees might not be entitled to workers’ compensation, but their employers might be required to give them time off if they file a claim for short-term or long-term disability. However, it could only be a matter of time before disability insurance blocks coverage for COVID-19 vaccine injuries, too.

 

The future of workers’ comp for COVID-19 vaccine injuries is up in the air

While these injuries should theoretically be covered, it’s impossible to determine how claims will be handled once the insurance companies begin receiving the claims. While it appears to be covered now, that may change, and employees will need to be ready for the rules of workers’ comp to change.

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