It has been two years since the start of the pandemic, COVID-19 continues to be an important topic for workers' compensation. In 2022, 14 states considered legislation related to COVID-19 workers' compensation presumptions. Generally, these are presumptions that an employee's exposure to, or contraction of, COVID-19 is work-related or is a compensable injury or disease.
When a state has a COVID-19 presumption in place, it is more likely that employees covered by the presumption (generally first responders, healthcare providers, and other essential employees) will receive workers' compensation benefits for medical care and lost time from work if they are exposed to or contract COVID-19 in the workplace. These presumptions are aimed at providing protections for employees who have been on the frontlines of the COVID-19 pandemic, but they also have the potential to impact system costs.
1. How many states have established COVID-19 workers' compensation presumptions since the start of the COVID-19 pandemic?
During 2020 and 2021, 18 states established COVID-19 presumptions via legislation, directives, emergency rules, and/or executive orders. Two additional states—Tennessee and Washington — established a more general "infectious disease presumption."
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