If an employee tests positive for COVID-19, they may be entitled to workers' compensation occupational disease benefits if they can establish that they contracted the virus at work. The employee must report a suspected occupational disease to the employer within 60 days after the disease first manifests. A claim for workers’ compensation benefits must also be filed within one year after the occupational disease first manifests by completing a First Report of Injury or Illness form (Form IC-1) and filing your claim here. WCF Insurance will then file the completed IC-1 form with the Idaho Industrial Commission.
On October 7, 2020, the Industrial Commission issued a bulletin encouraging employers to file a First Report of Injury or Illness form when they believe one of their employees may have been infected at work as required by law (IC 72-602). Due to regulatory changes that were implemented as a result of the COVID-19 outbreak, COVID-19 claims will not negatively impact the employer’s experience rating or premium levels. The commission noted that it “makes no presumptions as to compensability once notice has been filed.”
Just as with any other claim for an industrial injury or occupational 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 an employee 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 Insurance will investigate all claims and decide the compensability in accordance with the applicable Idaho 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.