Texas Senate Bill SB439

Texas 2021 - 87th Regular

Caption

Relating to the eligibility of nurses for workers' compensation benefits for coronavirus disease (COVID-19) and payment of those benefits.

Impact

If enacted, SB 439 would amend the Labor Code by adding a specific section that establishes a presumption of compensability for COVID-19 among nurses. Essentially, this means that if a nurse is assigned to treat a COVID-19 patient, and subsequently contracts the virus within a designated timeframe, it is presumed they contracted it at work. This adjustment is significant as it shifts the burden of proof, making it easier for nurses to claim workers' compensation without the need to provide extensive evidence of the virus's origin.

Summary

Senate Bill 439, introduced by Blanco, focuses on the eligibility of nurses for workers' compensation benefits in relation to COVID-19. It stipulates that nurses who contract the virus while providing care to patients diagnosed with COVID-19 are presumed to have contracted the disease as a result of their employment. This bill aims to protect healthcare workers who have been on the frontline during the pandemic, ensuring they receive the benefits they are entitled to if they experience disability or death due to the virus.

Contention

However, there may be potential contention surrounding the implementation of this presumption, particularly regarding the insurance carriers' requirements. The bill also introduces certain clarifications for insurance carriers concerning the investigation process of these claims. These stipulations underscore the importance of ensuring that claims are processed fairly and thoroughly, while also addressing concerns from insurance companies about the increased responsibility placed on them under this new presumption.