Virginia extends workers’ compensation coverage for Covid-19

Virginia had a problem. Workers were required to treat Covid-19 patients but were not covered by workers’ compensation insurance due to Virginia’s strict occupational disease testing requirements. Fortunately, the general assembly has acted to correct this problem. The assembly approved a new law that provides coverage for health workers and first responders who acquire Covid-19. The law establishes the presumption that the disease was contracted through work. As a result, healthcare workers and first responders can now obtain coverage through their employer’s workers’ compensation insurance. The caveat is that the disease must have been diagnosed between March 2020 and December 31, 2021.

Under the ordinary occupational disease claim in Virginia, the diagnosed employee must not only prove by clear and convincing medical evidence that the problem was acquired on the job, but the employee must be able to show that the problem did not occur outside of the workplace. As a result of these strict testing requirements, it is very difficult to obtain coverage for this type of problem, especially when the general public is exposed to the virus.

This law is a commendable attempt to ensure that employees who risk their lives for the rest of us have medical and wage loss coverage. Under Virginia Workers’ Compensation law, the diagnosed worker can have 100% of their potentially covered medical bills for the rest of their lives. Also, if the illness causes disability, then the insurance will cover wage loss up to two-thirds of the employee’s salary for a maximum of 500 weeks. This law should not only cover doctors, nurses, and police officers, but also nursing assistants, stretcher bearers, deputy sheriffs, and others who have to put their lives on the line so we can all be safe.

One of the most severely affected areas in Virginia has been nursing homes and rehabilitation centers. It is often low-wage certified nursing assistants, nursing assistants and orderlies who bear the brunt of the pandemic.

I hope that if the pandemic is not resolved by December 31, 2021, the law will be extended. Because the law establishes a presumption, the insurance company would have to prove that the employee contracted the virus somewhere other than work. Those who are the first responders to this crisis are expected to not get the coverage they deserve.