States’ responses to the COVID-19 pandemic with respect to workers’ compensation policy will likely prove an important factor in providing critical support to workers while protecting employers from liability.
However, state workers’ compensation programs, as currently constructed, are not well-designed to protect even front-line workers who are disproportionately vulnerable to contracting, becoming ill from, or dying due to COVID-19 (see the Academy’s fact sheet for more information). Moreover, only a minority of states have taken action to make it easier for those workers – hospital and health care staff, first responders, grocery store and warehouse stockers, delivery drivers, and others – to obtain compensation if they do become sick.
Compounding this challenge, the federal Occupational Safety and Health Administration (OSHA) has issued voluntary guidance for workplaces, but no emergency temporary standard, and it has investigated few worker complaints about COVID-19 risks. As of September 15, roughly 10,000 complaints had been filed, but since OSHA closed the vast majority with no investigation, only 24 citations were issued.
As the pandemic continues, a more effective policy response will be needed to enable essential workers to do their jobs safely and securely and to receive adequate income support and medical care coverage.
What might such a policy response look like?