WORKERS ’ COMP
2022 WORKERS ’ COMPENSATION PREVIEW
BY JODI WILLIAMS , COMPLIANCE MANAGER , A . I . M . MUTUAL INSURANCE COMPANIES
WHILE WE all wish we had a crystal ball to see exactly what the upcoming year has in store , we can make reasonable predictions of workers ’ compensation issues to watch based on current trends and pending legislation .
COVID-19 drove a number of legislative measures impacting workers ’ compensation . Here are a few “ legal hot topics ” in the New England states to be aware of as we head into 2022 . WORKERS ’ COMPENSATION COVID- 19 PRESUMPTION
A presumption law describes the conditions where an injury to a worker is presumed to have happened on the job and should be compensated . Many bills were proposed in 2020 and 2021 to allow workers who contracted or were exposed to COVID-19 in the scope of their employment to receive workers ’ compensation benefits .
In 2020 , the only New England state to formally enact a COVID-19 presumption law was Vermont .
The Vermont law was one of the broadest in the country . It was available to all employees in Vermont with a stipulation that non-frontline workers required additional proof of contraction in the course of employment . The legislation was in effect from March 1 , 2020 , through July 2021 , 30 days after the end of the state of emergency .
New Hampshire issued two executive orders in 2020 that created a prima facie presumption for first responders and members of the National Guard who contracted COVID-19 . They remained in effect until New Hampshire ’ s COVID-19 state of emergency terminated in June 2021 .
Connecticut issued Executive Order
No . 7JJJ which created a rebuttable presumption for employees who contracted COVID-19 at work in 2020 between March 10th and May 20th . A rebuttable presumption is one that is decided to be true unless proven otherwise .
A . I . M . Mutual continues to watch COVID-19 presumption bills and any new proposed presumptive legislation related to COVID-19 that might be introduced in the New England states . COVID-19 AND THE WORKERS ’ COMPENSATION RATE ENVIRONMENT
Since the National Council on Compensation Insurance ( NCCI ) views the COVID-19 pandemic as a catastrophic event for ratemaking purposes , COVID-19 related claims will not be considered when determining upcoming loss costs and rates .
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