Investigators Work For Employers To Identify Source Of COVID19 Infections By Lonce Lamonte - September 22, 2020
Investigators are working for employers to help prove their employees didn’t get COVID-19 at work. Everywhere throughout any given day, persons can be exposed to coronavirus. But, a new law intended to protect California workers now classifies COVID-19 as an “injury” under workers’ compensation if one gets infected within 14 days of an outbreak at one’s work place.
An outbreak is defined as four employees with COVID-19 for a small business (under 100 employees) or 4% of all employees at a larger business (more than 100 employees).
The law assumes people contracted the virus at work unless their employer can prove otherwise. Thus, the burden of proof is on the employer. The employer must show where else an employee claimant may have been exposed. Social media can demonstrate if an individual was exposed to large gatherings, public events with crowds, for example.
https://www.kpbs.org/news/2020/sep/17/newsom-signs-laws-to-protect-workers-coronavirus/
Persons within the household of a claimant can be investigated, too. Employers can check social circles. Dining out. People on social media are checking in at restaurants.
New reports find that people who tested positive for coronavirus were twice as likely to have eaten at a restaurant. Investigators look for “food-selfies” on Facebook, for example.
One investigator working for employers expressed that workers’ compensation claims can be very costly for small businesses.
Because COVID-19 can lead to long-term health issues, like lung or heart problems, the claims can run into conditions which are pre-existing conditions.
The claimant could be a smoker and/or have prior respiratory issues. There could be many non-related health conditions. Thus, any employer under the new California guidelines can be held liable for long term care or future medical benefits not arising out of the employment or in the course of employment (AOE/COE).
lonce@adjustercom.com; Lonce Lamonte, journalist, editor, all rights reserved
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