Coronavirus is affecting workers' compensation in a variety of ways.
Regulation 64 sets forth the standards for insurers to settle claims promptly and fairly.
Business closure and stay-at-home orders have faced legal challenges based on putative Constitutional claims across several states.
Pennsylvania
As states rapidly enact COVID-19 workers’ compensation presumptions some businesses are considering legal challenges to these new laws, others have already started and are winning.
The bill also provides that an essential employee's absence from work due to the virus cannot be considered "on-duty time."
Challenge to COVID-19 workers' compensation presumption results in repeal of rule.
Chartwell Law partner, Andrew Klaber, has assembled a high-level summary of issues that may exist or arise due to the Covid-19 pandemic.
Effective April 23, 2020, the commission will allow the parties to request a video remote hearing.
New efforts are being taken by some to circumvent the exclusivity provisions of many states’ workers’ compensation laws.
Senate Bill 1114, the “COVID-19 Insurance Relief Act,” was introduced to the Banking and Insurance Committee on April 15, 2020.
The PA Supreme Court has ruled COVID-19 qualifies as a natural disaster.
New proposed federal legislation, H.R. Bill 6494
Businesses’ concerns pivot from minimizing disruption to outright survival as they face the new reality of being unable to meet financial obligations.
Universities have begun voluntarily offering a refund, rebate, or credit relative to student payments made for the spring semester of 2020, is it enough?
A discussion on how a Pennsylvania employer might respond to a report from an employee with a positive COVID-19 diagnosis who believes it may be work-related
The novel coronavirus (COVID-19) has impacted almost every facet of life and business.
Pennsylvania has joined five other states in introducing legislation to force insurers to pay for COVID-19-related business interruption losses.
Coronavirus Aid, Relief and Economic Security (CARES) created programs to assist certain businesses with COVID-19
With the quick spread of COVID-19, many New Jersey employers are questioning the impact of the virus on the state’s workers’ compensation system.
To our clients, partners, and friends . . .
At a high-level, a force majeure clause is a provision in a contract which may excuse a party from performing their obligations under a contract.
Insurers must be proactive in reviewing policies to identify the potential exposure arising out of the COVID-19 outbreak
No March Madness? Postponement of the Olympics, NHL and NBA seasons? This would have been inconceivable three months ago but is the reality of today.
We will continue to keep you updated as more details of how the hearings will be conducted become available and we will continue our efforts at moving cases forward
To add insult to injury, a wave of litigation involving COVID-19 is undoubtedly expected
Who is eligible to receive workers' comp benefits in MA?
New York’s unfortunate emergence as the epicenter of the COVID-19 pandemic in the United States has raised an abundance of questions
Notes from a conference call with Joseph DeRita, Director of Workers' Compensation Office of Adjudication for the Pennsylvania Department of Labor and Industry.
With colleges and universities making the decision to move to online learning in the midst of the Covid-19 Pandemic, families are left with a myriad of questions
Pennsylvania’s Workers’ Compensation system continues to struggle with how to move matters along, considering that the ongoing COVID-19 crisis has rendered live hearings impossible
A claimant alleging work-related COVID-19 would need to prove that there was an exposure at work that caused COVID-19 for an accidental injury.
Although recently expanded in response to COVID-19, work-from-home positions are not a unique concept
The World Health Organization’s (“WHO”) formal declaration that the spread of the novel coronavirus COVID-19 is now a pandemic.
Florida is one of the states with the highest count of COVID-19 cases, and the rate is increasing daily.
Is there business interruption coverage available to those businesses that have been forced to shut down and/or halt operations due to the COVID-19 crisis? Maybe.
As colleges and universities are closing their doors early due to COVID-19, are students entitled to any sort of refund?
Determining the compensability of employees who contract COVID-19 needs to be analyzed on a case-by-case basis
Under Rhode Island Workers’ Compensation Law, an occupational disease is set apart of accidental injuries
Recent media reports have raised concerns and… some confusion.
The ramifications for employers are significant.
Lawsuits to come out of the myriad scenarios associated with the Coronavirus (COVID-19)
Chartwell Law's view on wage loss benefits due to COVID-19
COVID-19 causes challenges for businesses to trigger coverage for business interruption.
Like recent natural disasters, such as Superstorm Sandy, the Coronavirus (COVID-19) is likely to result in a myriad of insurance coverage claims
In Connecticut, is COVID-19 a compensable injury under the Workers' Compensation Act?
In Maine, what are the Supreme Judicial Court's requirements for workers' compensation benefits?
On March 16, 2020 the DOL issued a press release stating PA workers affected by the novel coronavirus may be eligible for UC and WC benefits.
A guideline for employers during the Coronavirus pandemic
If COVID-19 arises out of and in the course of employment is it a compensable illness in NJ?
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