Return to Work – Worker’s Compensation Considerations

Employers are currently thinking about what the new work world looks like and revising plans to return employees to in-person work schedules. Some are developing hybrid work schedules and extending remote work arrangements. An employer’s responsibility for worker’s compensation benefits can extend beyond the in-person workplace to include remote or traveling employee situations. Therefore, worker’s compensation reporting and investigation considerations should be included as part of all return to work plans. Here are some things to consider:
 

• Determine if state legislative presumptions were extended or enacted, which would impact an employee’s burden of proving an occupational exposure to COVID-19. Has the state board or commission issued a directive related to COVID-19 claim investigation?
• Develop or revise your investigation protocol with your administrator or insurer to address important factual questions related to COVID-19 exposure claims.
• Inform your administrator or insurer about the current work situations.
• Remind employees how to report an asserted claim. 
• Communicate expectations to remote-working employees related to work hours, activities and projects to better define the course of employment or deviation from work activities.

If you have questions about your worker’s compensation policies or investigation practices, contact Ann H. Stewart or visit Ice Miller’s COVID-19 Resource page.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.