Workers’ compensation: COVID-19: critical workers.
The bill alters the labor code to facilitate a more immediate response to COVID-19 related claims for critical workers such as police officers and firefighters. By defining COVID-19 related injuries within the purview of workers compensation, the law aims to ensure that affected employees can access benefits more readily than under traditional claims processes. It posits that claims should be presumptively considered as arising from the workplace, challenging employers to rebut this assumption within a shorter timeframe than previously allowed. The expected outcome is to provide support for critical workers who face increased risk of infection due to the nature of their jobs, thereby reinforcing workplace safety standards and compensatory measures.
Senate Bill No. 1159, also known as the COVID-19: Critical Workers Bill, establishes provisions within the workers compensation framework to address illnesses and fatalities resulting from COVID-19 among employees deemed critical workers. Essentially, the bill expands the traditional definition of injury in workers’ compensation laws to include illnesses like COVID-19 that arise under specific circumstances. It allows for a disputable presumption that these illnesses are work-related and thus compensable if the employee has tested positive for COVID-19 within a specified timeframe after working at their employer's site. These provisions are set to be in effect until January 1, 2023, reflecting the urgency of handling the COVID-19 pandemic's impacts on frontline workers.
General sentiment surrounding SB 1159 appears to be supportive, particularly among labor advocates and workers' rights groups that argue for better protection of essential workers during the pandemic. Proponents assert that this law provides necessary safeguards to workers who risk their health during emergencies. However, there could be concerns raised by some employers regarding potential increases in liability and the financial burden of these presumptions, especially in a context where the pandemic has placed significant strain on the economy and businesses alike. There is also a tension between ensuring worker protection and managing employer liabilities effectively.
Notable points of contention around SB 1159 include the balance of responsibility between employees and employers regarding proof and rebuttal of the presumption of injury. Employers may contest these claims based on the belief that more substantial evidence should be required to link COVID-19 infections directly to workplace exposure. Additionally, the bill emphasizes that employees must exhaust their paid sick leave benefits before receiving temporary disability benefits, which may be a source of discussion regarding what constitutes adequate support for affected workers. Ultimately, the implementation of this bill represents a significant shift in how COVID-19 related illnesses are treated under labor law.