California Senate Bill No. 1159
On September 17, 2020 California Governor Newson signed the SB-1159 into law allowing for COVID-19 related claims to be presumed compensable under a Workers’ Compensation policy unless proven otherwise.
Employers will be required to report any known COVID-19 positive tests (whether or not work related) and any workplace closure ordered by public officials to their Workers’ Compensation insurance carrier.
Details see: California Legislative Information
- The reporting deadline for positive cases between July 6th, 2020 through September 16,2020 is October 30,2020.
- From now until January 1, 2023, employers must report all employee positive COVID-19 tests to their Workers’ Comp insurance company within 3 days of knowledge.
- Employers who are aware or should reasonably know that an employee has tested positive for COVID-19 are required to report to their Workers’ Comp claims administer in writing via email or fax within 3 business days.
- By mandate, employers must report all employee positive COVID-19 tests to their insurance company on a continuous basis, regardless if the illness is work related or not.
- Failure to report or intentional false/misleading reporting is subject to a civil penalty of up to $10,000.
If your employee alleges a COVID-19 positive diagnosis is a result of their employment, you must provide them with a DWC-1 Claim Form and report the claims to your insurance carrier within 24 hours of knowledge.
Should you have any questions concerning SB-1159 or your Workers’ Compensation policy, please contact your Account Manager.