Reporting COVID-19 claims:
Under Arizona’s workers’ compensation laws, a worker may be entitled to compensation if the worker establishes by preponderance of the evidence that the occupational disease arose out of and in the course of employment. The infected worker must report an injury to the employer within one year after the worker has knowledge of disability and its relationship to employment. If the worker goes to the doctor, the doctor must submit Form 102 (the worker should complete the top half and the doctor should complete the bottom half). The doctor should then send Form 102 to the Industrial Commission and the employer. The employee may also complete a Worker’s Report of Injury (Form 407) and file it with the Industrial Commission. You can also file a claim here.
The Industrial Commission of Arizona issued a substantive policy statement on May 14, 2020, effective May 15, 2020, that is advisory only. However, the Industrial Commission stated that carriers may not categorically deny COVID-19 claims. All claims must be reviewed and investigated in good faith. Any denial of a COVID-19 claim must be “well-grounded in fact” and “warranted by existing law” (A.A.C. R20-5-163(A)(1) and A.A.C. R20-5-163(B)(1)).
Just as with any other claim for an industrial injury or occupation disease, there must be a good faith and thorough investigation of the facts and a review of the state of the disease at the time and place of the alleged exposure. It is important to file a claim if a worker presents a positive COVID-19 test and states to you that they feel there is a probability they were exposed at work.
If all the necessary forms are filed in a timely manner, the mere fact that a claim has been filed does not mean it is compensable. WCF National Insurance Company (WCF Insurance) will investigate all claims and decide the compensability in accordance with the applicable Arizona laws and the circumstances of each claim.
The information provided above or on wcf.com is for informational purposes only and should not be construed as legal advice. WCF Insurance makes no representations or warranties, express or implied, guarantees, or conditions of compliance with applicable laws or regulations and such compliance is ultimately the responsibility of the employer. You should contact your attorney to obtain advice with respect to any issue or problem.