Workers' Compensation: Health Care Workers Are at a Heightened COVID Risk

A report published today by the Centers for Disease Control [CDC] highlights the increased risk of health care workers who are working so diligently on the frontlines in the effort to battle the COVID pandemic.

The lack of an adequate supplies of personal protective equipment [PPE] is drastically increasing od the COVID contagion risk to health care workers, their patients, their families and their communities.

The report reports on the transmission of COVID-19 to health care personnel during exposures to a single hospitalized patient in Solano County, California during February 2020. Among 121 hospital care personnel [HCP] exposed to a patient with unrecognized COVID-19, 43 became symptomatic and were tested for SARS-CoV-2, of whom three had positive test results; all three had unprotected patient contact. Exposures while performing physical examinations or during nebulizer treatments were more common among HCP with COVID-19.

The study concluded that, “Unprotected, prolonged patient contact, as well as certain exposures, including some aerosol-generating procedures, were associated with SARS-CoV-2 infection in HCP. Early recognition and isolation of patients with possible infection and recommended PPE use can help minimize unprotected, high-risk HCP exposures and protect the health care workforce.”

This report is significant as it has been reported that approximately 20% of HCP and First Respondents in New York City, the initial epicenter of COVID-19 in the United States, have been reported as COVID positive and have or are undergoing self-quarantine and possible complication of the illness.

While the legal framework for benefits is rapidly evolving, the ultimate responsibility for payment in such occupational disease scenarios, will be the state workers’ compensation systems. The benefits will include: temporary disability, medical benefits and permanent disability/dependency benefits.

The New Jersey law, Thomas P. Canzanella Twenty First Century First Responders Protection Act, N.J.S.A. 34:15-31.2, eff. July 8, 2019, recently was liberalized by establishing a presumption of causal relationship to an infectious pathogen. “If the Public Safety Worker [PSW] can demonstrate that in his or her employment, the worker is exposed to blood or other bodily fluids from another individual or individuals, of a serious communicable disease or infection or any pathogen or biological toxin related to biological warfare or epidemics, then the PSW will receive the benefit of medical treatment under the Workers' Compensation Act.” Gelman, Jon L,, Workers’ Compensation Law, 38 NJPRAC 19.28 (Thomson-Reuters 2020).

A study published in the New England Journal of Medicine of HCW in China reported, "..data suggest that sufficient precautions with rigorous enforcement can prevent health care workers from becoming infected with SARS-CoV-2 and the subsequent risk of death."

The delay in provisioning HCW and First Respondents with sufficient and adequate PPE has created additional serious complications in the battle against COVID-19. Hopefully, The Governors, in partnership with the Federal Government will increase the supply of PPE so that the occupational exposures and the serious consequences of the lack of PPE, can be avoided going forward.

See: Heinzerling A, Stuckey MJ, Scheuer T, et al. Transmission of COVID-19 to Health Care Personnel During Exposures to a Hospitalized Patient — Solano County, California, February 2020. MMWR Morb Mortal Wkly Rep. ePub: 14 April 2020.

Related information:

Senator Sweeney Bill Would Expand NJ Workers’ Comp Benefits for ‘Essential Workers’ Sickened in Covid Crisis 05/05/2020

Is the workers' compensation system ready for the 2019-nCoV [coronavirus] virus? Live Updates

Notice To The NJ Bar: Public Access To Court Events During Covid-19 - Directives #11-20 ("Supreme Court Guidelines On Media Access And Electronic Devices In The Courts") And #12-20 ("Principles And Protocols For Virtual Court Operations During The Covid-19 Coronavirus Pandemic") njjudiciary.com AOC 4/28/2020

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HHS Relaxes HIPPA Rules During COVID Pandemic

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