Re: [Disasterrelief] Workers Comp and COVID-19
California falls under Paragraph 1 below. WC is an exclusive remedy for employees. Attached is the Governor's Executive Order addressing worker's comp and COVID-19.
Gregory P. Priamos
County Counsel
County of Riverside
gpriamos@rivco.orgmailto:gpriamos@rivco.org
951.955.6300
[CountyLogo]
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From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Chuck Thompson
Sent: Tuesday, May 12, 2020 12:56 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Workers Comp
CAUTION: This email originated externally from the Riverside County email system. DO NOT click links or open attachments unless you recognize the sender and know the content is safe.
On the call today I was interested in the discussion of workers comp issues. A couple of questions:
- If your state has workers comp and as a result prohibits suits by employees against the employer;
* Would there be a huge worker's comp risk should employees get covid19?
i. Because most offer paid leave that offsets benefits, offer medical insurance that offsets benefits and offer death benefits that offset benefits so would not the WC risk be incrementally small?
ii. Or would the benefits in your state be substantially more than your offsets?
iii. I'm assuming death is not the likely norm and risk would be under 2% or so, since your workforce will likely be made up of younger people than the folks my age who are at risk.
* Is the WC risk one that is manageable or one to which the federal immunity will apply?
- Does your state allow employees to sue the employer despite WC in place and if so, must they choose the remedy?
* If a tort action is available, what are the damages in excess of the offsets you're already paying for and do you see a jury accepting an argument that getting sick on the job a high damage tort? Again, if there's a death or serious long term disability, that could be an issue.
Any thoughts you'd be willing to share?
[photo]
Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.
A 51 Monroe St., Suite 404, Rockville, MD, 20850
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County of Riverside California http://www.countyofriverside.us/
Washington has specific coverage policy related to first responders and healthcare workers under quarantine https://www.governor.wa.gov/news-media/inslee-announces-workers-compensation-coverage-include-quarantined-health-workersfirst
Workers comp may apply to other workers as well if proved to be work-related https://lni.wa.gov/agency/outreach/workers-compensation-coverage-and-coronavirus-covid-19-common-questions
Like CA, WC intended to be exclusive remedy for work-related injuries.
Sheila Gall
AWC General Counsel
Association of Washington Cities
1076 Franklin St SE Olympia, WA 98501-1346
360.753.4137 (office)
800.562.8981 (toll free)
sheilag@awcnet.orgmailto:sheilag@awcnet.org
Access AWC's online educational materialshttps://wacities.org/events-education/elearning-by-category and earn credit toward your CML certificate.
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From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Priamos, Greg
Sent: Tuesday, May 12, 2020 1:10 PM
To: Chuck Thompson cthompson@imla.org; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Workers Comp and COVID-19
EXTERNAL EMAIL
California falls under Paragraph 1 below. WC is an exclusive remedy for employees. Attached is the Governor's Executive Order addressing worker's comp and COVID-19.
Gregory P. Priamos
County Counsel
County of Riverside
gpriamos@rivco.orgmailto:gpriamos@rivco.org
951.955.6300
[CountyLogo]
CONFIDENTIALITY NOTICE: This communication is intended for the use of the individual or entity to which it is addressed and may contain attorney work product and/or attorney client information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient or the employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify our office by reply e-mail or by telephone and immediately delete this communication and all its attachments.
From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chuck Thompson
Sent: Tuesday, May 12, 2020 12:56 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] Workers Comp
CAUTION: This email originated externally from the Riverside County email system. DO NOT click links or open attachments unless you recognize the sender and know the content is safe.
On the call today I was interested in the discussion of workers comp issues. A couple of questions:
- If your state has workers comp and as a result prohibits suits by employees against the employer;
* Would there be a huge worker's comp risk should employees get covid19?
i. Because most offer paid leave that offsets benefits, offer medical insurance that offsets benefits and offer death benefits that offset benefits so would not the WC risk be incrementally small?
ii. Or would the benefits in your state be substantially more than your offsets?
iii. I'm assuming death is not the likely norm and risk would be under 2% or so, since your workforce will likely be made up of younger people than the folks my age who are at risk.
* Is the WC risk one that is manageable or one to which the federal immunity will apply?
- Does your state allow employees to sue the employer despite WC in place and if so, must they choose the remedy?
* If a tort action is available, what are the damages in excess of the offsets you're already paying for and do you see a jury accepting an argument that getting sick on the job a high damage tort? Again, if there's a death or serious long term disability, that could be an issue.
Any thoughts you'd be willing to share?
[photo]
Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.
A 51 Monroe St., Suite 404, Rockville, MD, 20850
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This email is confidential and intended solely for the use of the individual(s) to whom it is addressed. The information contained in this message may be privileged and confidential and protected from disclosure.
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