COVID-19 Resources

COVID-19 2020

COVID-19 Update for Employers (NCCI) PDF

COVID-19 Update for Employers (CA) PDF

COVID-19 Update for Employers (NY) PDF

COVID-19 Update for Employers (WI) PDF

COVID-19 Update for Employers (PA) PDF

Video update from the Institute (4/17/20)

FAQ's:(Updated 4/24/20)

Q: A business is continuing to pay its non-working employees. Will this pay count on their audit?

Q: Will money my client pays employees under the newly passed laws for sick time or FMLA benefits count on their audit?

A: NCCI and the WCIRB (CA) have proposed rules which would exclude pay to temporarily laid off/furloughed employees. It is expected these rules will be adopted and independent bureau states which follow NCCI will also adopt these rules.

California has set the expiration date of this rule as 60 days after the end of the stay-home order. NCCI has set that as 12/31/20, with acknowledgement that date may be revised in the future.

Our recommendation: EVERY business in either of these situations keep a close accounting of the money spent. If the rules change in the future, only those with the appropriate records will be able to take advantage.

Q: Is it a comp claim when an employee thinks they contracted COVID-19 at work?

A: Probably not. This is what most state statutes call a "Disease of Life" and explicitly NOT covered by occupational disease law.

We will likely see claims paid for those extraordinarily exposed, such as health care workers directly treating the sick. Several states have already taken steps to force coverage for those workers. Simply having someone on the job site test positive and then getting sick would be very unlikely to cross that line.

For those in Illinois, Indiana, Kansas, Wisconsin, Nebraska, Missouri, and Iowa: This document is an outstanding outline of the current understanding of the laws relating to this from Hennessy & Roach, a law firm that defends employers in those states.

States are beginning to pass legislation which creates a presumption of coverage for particular classes of workers. NCCI's COVID-19 Legislative and Regulatory Activity page is a regularly updated resource that contains information about these laws.

As with everything in this situation, there will be litigation that could change this in the future.

Q: If a Comp claim is accepted will it go on the experience mod?

A: California and Wisconsin have stated these claims will NOT count. NCCI has indicated they are considering excluding them, but have not filed rules to that effect yet.

Every injury has a Cause of Loss code. It's how rating bureaus and other agencies track what types of injuries are happening. Except for the code for claims arising from the 9/11 attacks, none of them have been given special treatment in experience rating.

It is worth noting that it was March 2002 before the rules relating to excluding 9/11 claims were approved. IF rules excluding COVID-19 claims are coming, we would expect them well after the outbreak is considered over.

UPDATE 3/30/20:

Federal Law Alert
COVID-19: April 1 Effective Date for FFCRA Leaves

On Tuesday, March 24, the Department of Labor (DOL) announced that the effective date of the leaves available through the Families First Coronavirus Response Act (FFCRA) will be April 1, 2020.

Based on the language in the bill, the effective date was widely believed to be April 2.

Families First Coronavirus Response Act: Employee Paid Leave Rights

Families First Coronavirus Response Act: Employer Paid Leave Requirements

Questions and Answers
Families First Coronavirus Response Act: Questions and Answers

COVID-19 and the Fair Labor Standards Act: Questions and Answers

OVID-19 and the Family and Medical Leave Act: Questions and Answerss


Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA)

Federal Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA)

Families First Coronavirus Response Act Notice – Frequently Asked Questions

Field Assistance Bulletin
Field Assistance Bulletin 2020-1: Temporary Non-Enforcement Period Applicable to the Families First Coronavirus Response Act (FFCRA)

We are still waiting on regulations from the DOL to answer many questions about how these leaves will be administered and how they will interact with other leaves.

Held on 3/23/20, attorney Don Phin walks through the challenges facing employers relating to the initial COVID-19 recovery legislation.

"Recorded 3/29/20, Don updates us on the most recent understandings of these new laws."

The Legalities of a Tough Situation: Covid-19 - with Don Phin, Esq. from Don Phin on Vimeo.