New Hampshire 2022 Regular Session

New Hampshire House Bill HB1352

Introduced
11/20/21  
Refer
11/20/21  

Caption

Relative to eligibility for workers' compensation for an adverse reaction to a mandatory COVID-19 vaccination.

Impact

The implementation of HB 1352 will have significant implications on state laws governing workers' compensation. By defining adverse reactions to mandatory vaccinations as occupational diseases, the bill extends workers' compensation coverage to these situations. Employers will need to be cognizant of this change, especially those who have made COVID-19 vaccinations a condition for employment or have introduced incentives for vaccination. The bill aims to ensure that individuals who suffer from vaccine-related health issues are adequately compensated, thereby enhancing worker protections during the pandemic and beyond.

Summary

House Bill 1352 establishes a new provision related to workers' compensation for employees who suffer adverse reactions from employer-mandated COVID-19 vaccinations. The bill stipulates that any adverse reaction, which can include sickness, disease, trauma, or any condition that arises from the vaccination, will be considered an occupational disease. This classification grants employees the ability to claim workers' compensation if their employer requires them to receive the vaccine or imposes additional conditions for those who decline it. This aligns worker protections with the requirements being placed on employees regarding vaccinations, thereby supporting their eligibility for benefits under such circumstances.

Sentiment

The sentiment regarding HB 1352 is mixed. Proponents argue that the bill effectively safeguards workers' rights and health, recognizing that vaccine mandates should be coupled with protections for employees who may experience adverse effects. Conversely, some opponents may view this legislation as complicating the employer-employee dynamic, particularly regarding the mandates associated with vaccinations. The varying viewpoints reflect a broader discussion on public health measures versus individual rights in the workplace.

Contention

Notably, the primary contention surrounding HB 1352 revolves around the balance between public health imperatives and the potential burden on employers. While supporters highlight the necessity of protections for employees, skeptics may express concerns regarding potential misuse of workers' compensation claims and the implications for employer liabilities. The bill will likely spark ongoing debates about the efficacy of vaccination mandates and employers' responsibilities in ensuring a safe work environment while respecting individual health and rights.

Companion Bills

No companion bills found.

Previously Filed As

NH HB1633

Relative to requiring COVID-19 vaccination for school attendance.

NH HB1451

Relative to mandatory overtime and the calculation of base rate of compensation.

NH SB377

Relative to the eligibility of certain injuries of state troopers for workers' compensation.

NH SB374

Relative to the SARS-CoV-2 vaccinations.

NH SB181

Relative to workers' compensation for firefighters with cancer.

NH HB536

Relative to death benefits for public works employees killed in the line of duty, and relative to workers' compensation offsets for certain retirement system benefits.

NH SB319

Relative to vaccination status and wellness incentives.

NH HB216

Relative to workers' compensation and creditable service towards retirement.

NH HB1224

Prohibiting state and local governments from adopting certain mandates in response to COVID-19; and prohibiting employers and places of public accommodation from discriminating on the basis of vaccination status.

NH HB744

Relative to workers' compensation indemnity benefits percentage.

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