Workers’ compensation: hospital employees.
The bill establishes rebuttable presumptions that certain injuries, including infectious diseases and cancers, developed during employment are considered to have arisen out of the course of employment. This provision is significant as it alters the proof burden for healthcare workers, allowing them five years, or 120 months, after termination to claim these conditions as work-related. This legislative change is crucial for ensuring that hospital employees receive appropriate care and compensation for work-related health issues, which is especially relevant given the ongoing challenges presented by the COVID-19 pandemic.
Assembly Bill No. 1156, introduced by Assembly Member Bonta, aims to modify California's Labor Code to enhance workers' compensation protections specifically for hospital employees providing direct patient care in acute care hospitals. The bill expands the definition of 'injury' to include a range of health issues such as infectious diseases, cancer, musculoskeletal injuries, and post-traumatic stress disorder (PTSD). Notably, it incorporates the 2019 novel coronavirus disease (COVID-19) and its variants within these definitions, acknowledging the high exposure risk faced by healthcare workers.
While the bill has garnered support for its focus on protecting healthcare workers, it does face contention, particularly surrounding the framework of rebuttable presumptions which some argue could be exploited. Critics may express concerns related to potential increases in workers' compensation costs for hospitals and the implications on small healthcare facilities. Balancing the needs of healthcare workers against financial impacts on healthcare systems will likely remain a point of discussion as the bill moves through the legislative process.