Why presumptions are important in occupational health: The example of COVID‐19 infection as an occupational disease

Abstract

Workers who become ill or injured on the job while undertaking extraordinary risks on behalf of the public are, at times, granted facilitated access to workers' compensation (WC) benefits through the application of presumptions in the compensation process. Since the beginning of the coronavirus disease 2019 (COVID‐19) pandemic, a broad range of occupational groups faced an elevated risk of severe acute respiratory syndrome coronavirus 2 (SARS‐CoV‐2) exposure at work to perform vital services to maintain our food supply, sustain needed transportation, provide health care, assure energy supply and others. Some states or jurisdictions in the United States recognized both the risk and the service of these workers by enacting COVID‐19 presumption laws to streamline selected essential workers' eligibility for WC benefits. Other states did not. Results of these contrasting public approaches permit an examination of the impact of presumptions in compensation by examining the frequency and outcomes of COVID‐19 claims in “COVID‐19 presumption” and “nonpresumption” states. Despite state‐level variations in economic response to the pandemic, industry mix, and presumption eligibility criteria, the use of COVID‐19 presumptions appears to have substantially increased claim filing rates and improved access to benefits. Lastly, the additional costs of COVID‐19 claims to employers and insurers were lower than initially predicted. In response to future airborne infectious disease outbreaks, workers' compensation presumption laws should be universally implemented to permit a broad range of high‐risk workers to work on the public's behalf without fear of losing wages and incurring medical expenses associated with a work‐related viral exposure.