With the rising concerns of the Coronavirus, we wanted to provide some information on the potential impact this may have on workers’ compensation claims.  If you have specific questions, please contact Tammy (tmoody@workerscompme.com) or Brianna (bperkins@workerscompme.com).

NOTICE OF A CLAIM:

If an employee claims they have the Coronavirus, and notifies anyone in a supervisory position that they believe it was caused by their employment, the employer must file a workers’ compensation claim. An employer cannot deny an employee the right of filing a workers’ compensation claim, whether you believe their claim to be work-related or not. These claims, like any other, need to be filed within a timely manner with MMTA so we can properly investigate and handle the claims and protect your interests.

COMPENSABILITY:

We wish there was a clear-cut answer to whether a claim for Coronavirus is compensable under the Maine Workers’ Compensation Act.  The best we can do is to say ‘maybe’, depending upon whether the employee can show the exposure was due to work and not something else.  There are many factors that must be considered when a claim comes in such as whether the employee’s employment puts them at a greater risk of contracting the virus, if there are other identified cases in the workplace or at home, if there are underlying conditions that need to be examined, to name just a few.  Our claims department will look at all Coronavirus claims on a case-by-case basis.

RISK MANAGEMENT:

This pandemic is new to us all so there is no playbook to go by that will mitigate your company’s risk.  Our best guidance is to consider the advice issued by the experts (the Maine and Federal CDC) and develop company policies when it comes to employee communication and expectations.  It is important to emphasize the benefits of communication as well as making your employees feel supported and appreciated in the workplace so we can all get through this difficult time with minimal lasting impacts.