COVID-19 Workers’ Compensation Alert

Workers’ Compensation claims in Connecticut are a fluid topic right now in the era of COVID-19. For now, the Workers’ Compensation Commission has successfully transitioned from live hearings to telephonic hearings, including for formal hearings. However, with the transition there is likely to be a delay in proceedings.

Given the state of affairs, there are several issues we need to track for the next 12-36 months. Among them:

1. Is COVID-19 considered a compensable workers’ compensation injury?
This is a difficult question, particularly given the community spread of the virus and the prolonged periods of time a person can spread COVID-19 to others. On its face, it will be difficult to make a factual determination that COVID-19 arose out of or occurred within the scope of employment. However, in instances where there is a verified diagnosis of a person, it is possible that subsequent diagnoses of co-workers could be considered causally related to work. That will likely be a question of fact to be determined by a trial commissioner;

2. What will the statute of limitations be?
There obviously is no caselaw on this issue, but given precedent, we believe that COVID-19 cases (if it is deemed to be available as a compensable work injury) will more likely than not have a three-year statute of limitations to file a claim as opposed to a one-year statute of limitations for an accidental injury given the delays we are seeing in testing and diagnosis. This has not been determined, but given the humanitarian purpose of the Connecticut Workers’ Compensation Act the three-year period is more likely;

3. Will there be a tolling of statute of limitations for all workers’ compensation claims?
Yes, Governor Ned Lamont has issued Executive Order No. 7K. Among other items, this order suspends the statute of limitations for workers’ compensation claims.

4. How will COVID-19 affect the day-to-day handling of claims?
Given that many businesses are either furloughing or laying off employees, it is essential that organizations maintain relationships with their injured employees and with their insurance carriers or third-party administrators. Because of delays in hearings and in the ability to obtain medical appointments for elective treatment, it will be more difficult to have benefits converted from temporary total disability to temporary partial disability or permanent partial disability. Discontinuing benefits altogether will be even more difficult. Keeping the lines of communications open and timely responding to questions or requests for treatment authorization will be essential to maintaining strong risk management programs;

5. How will telecommuting affect the handling of claims?
Many organizations are also dealing with a larger than usual number of employees that are working from home. Where possible, if an employee’s functions permit them to “telecommute”, we recommend that they be able to do so given the state of Connecticut’s current recommendations. This will have an effect on the number of worker’s compensation claims that are filed relating to work performed at home. For this reason, we recommend that there be a clear communication of what job functions your respective employees will be responsible for performing while working from home, if any. If an injury is reported, it is vital that as many details as possible be obtained and written statements from the injured party when possible. If employees are furloughed and are not expected to work from home, they should be clearly advised they are not to be working; and,

There are many non-workers’ compensation employment law-related questions that are arising at this time. Please do not hesitate to reach out to our workers’ compensation team, which can address your questions or connect you with members of our employment law team.

Helpful Links:
http://disasterloan.sba.gov
http://portal.ct.gov/coronavirus

For more information or if you have any specific questions, please contact:

Matthew S. Necci
Claudia D. Heyman
Alyssa Lynch
Workers' Compensation Attorneys
Labor & Employment

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