SAVE THE DATE SAFETY WORKS
Georgia workers' comp update
Investigating coronavirus in the first two days by Kenneth A. David, Atkins David LLC Generally, under GA workers’ comp law an employee has 30 days to report a work injury and the employer and its insurer/third party administrator (TPA) have 21 days to decide on whether to accept or deny the claim.
With an occupational disease like the coronavirus, the actual date of exposure may not be known as symptoms do not manifest immediately; it may be several days or even over a week before there are any indications like a cough or fever. There are actually many potential dates that can be used for the “date of accident” including 1) the date of exposure, 2) the date of a positive test, 3) the date of first symptoms, and 4) the date of the first medical evaluation. However, keep in mind a few points:
technical matter the 21 days does not 4 Asrunauntil the employer has knowledge. exposure to a person who has 4 Ancoronavirus does not mean there will be transmission.
if there is transmission to the 4 Even employee in question, without symptoms there is no basis for benefits.
UAC MAGAZINE | SUMMER 2020
with symptoms, unless they are severe, 4 Even the employee is likely to be instructed to
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self-quarantine for 14 days with no outside treatment needed.
We still recommend that employers complete a WC-1, First Report, if an employee seeks treatment for the symptoms that can be associated with employment or if the employee gives notice that he or she is reporting a claim. Remember that simply completing a WC-1 does not make the claim compensable but not completing a WC-1 when an employee makes the allegation can create exposure for the claim itself as well as attorney fees and penalties.
Since you do have 21 days to make a decision, in most situations with the coronavirus you are going to have much of the information you need to make a decision on whether to accept or deny the claim. You should know if the employee tested positive, if he or she has symptoms, and whether treatment will just be at home resting and recuperating versus hospitalization. With more people returning to work and more testing being done, there are certainly going to be more cases of the coronavirus potentially associated with employment. However, people are not just going back to work but also going to other places as well where they could be exposed so the expression that “correlation is not causation” is important here. Finally, there is the situation where someone is possibly exposed, has to self-quarantine for 14 days, but needs no treatment, and then comes back to work. Is the “lost time” (days 8-14, after the seven-day waiting period) compensable under workers’ comp? As a legal matter, the answer is no. There was no injury or actual condition that needed treatment. The lost time is precautionary, not due to a diagnosed, active condition. With that said, I know during this time that employers and their insurers/TPAs are having discussions about how to handle matters such as this one. For the majority of people who never develop symptoms, it is less about payment of benefits and more about how the employees feel their concerns were addressed. Of course, each situation is different, and we are all still adapting as more information becomes available. Contact your insurer for clarification as we move forward. About the author
Kenneth A. David Founder and Managing Partner Atkins David LLC Phone: 404.446.4482 Email: ken.david@atkinsdavid.com
