Moreno: How Will Vaccine Necessities Have an effect on Comp?| Staff Compensation Information

Of Cynthia Moreno

Wednesday, August 4, 2021 | 1

You’ve probably read the news: California Governor Gavin Newsom is demanding health care workers and the state government get vaccinated to protect themselves – and others – from COVID-19. His reasoning is simple: COVID-19 cases are increasing across California, and the Delta variant poses another looming threat that could easily spiral out of control.

Cynthia Moreno

Many question the legality of the governor’s actions. However, others, like work injury insurance attorneys, wonder how this will affect helping key workers who may be injured while on the job.

Last September, Newsom signed SB 1159, which codified the COVID-19 presumption created by Executive Order N-62-20, which states that an employee’s COVID-19 disease is an occupational accident and is therefore entitled to workers’ compensation if certain criteria are met.

The law stipulates that workers who become ill due to COVID-19 while at work can stay at home and receive workers’ compensation insurance benefits, reducing the spread of the virus to others in their workplace and community. It also encourages employers to follow local health guidelines and guidelines on how to safely reopen businesses to reduce the risk of exposure and contain outbreaks in the workplace.

Almost a year later, and with the increase in cases of COVID-19 delta variants in California and the United States, Newsom’s latest announcement has the vaccine required by health care workers and state government who have been key contributors throughout the pandemic Many lawyers are wondering how this will affect compensation for workers.

Can the workers claim their injuries? Will the demands increase overall? Will the demands decrease? Do they stay the same? Will compulsory vaccination make a difference versus mandate?

According to the California Workers’ Compensation Institute, 148,914 COVID-related claims have been made in the state to date. 148,222 of these were injured with a total of 1,032 dead. It is evident that COVID-19 has not gone away, and if the Delta variant is any indication of what is to come, employers need to prepare and meet government mandates.

One thing is certain, if California’s COVID-19 cases continue to rise, there will be a need to protect workers, especially those who are essential and who have worked hard throughout the pandemic to keep our economy going.

Cynthia Moreno is the director of communications for the California Applicants’ Attorneys Association. This statement is republished with permission from the CAAA website.