Virginia Senate Bill SB181

Virginia 2022 Regular Session

• Introduced: 1/10/22
• Refer: 1/10/22
• Report Pass: 1/24/22
• Engrossed: 1/27/22
• Refer: 2/22/22

Caption

Workers' compensation; presumption as to death or disability from COVID-19, vaccine.

Impact

The enactment of SB181 would modify existing workers' compensation laws, specifically those relating to the presumption of occupational diseases. By establishing a framework for addressing COVID-19-related claims, this bill aims to alleviate the burden of proof on affected public safety workers, ensuring they receive necessary benefits for conditions attributed to their work. This change is particularly critical during health crises where frontline workers face increased risk, fostering a supportive environment for those serving in high-risk roles.

Summary

Senate Bill 181 addresses workers' compensation presumption concerning deaths and disabilities resulting from COVID-19 for certain public safety workers, including healthcare providers, firefighters, and law enforcement officers. The bill states that if these individuals contract COVID-19 while performing their duties, their condition will be presumed to be an occupational disease covered by workers' compensation unless contrary evidence is provided. This is especially relevant given the ongoing impact of the COVID-19 pandemic on healthcare systems and essential service workers.

Contention

The bill has faced some opposition, particularly regarding the implications of presumed coverage without thorough evidence in place. Critics argue that while it is essential to support healthcare and emergency workers, the broad application of the presumption could lead to increased costs for employers and potential misuse of the benefits. Opponents may also raise concerns over the definition of 'occupational exposure' and how it could be interpreted, potentially leading to disputes in claims management and insurance.