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Johnson Kendall & Johnson (JKJ) continues to monitor the evolving workers’ compensation landscape related to COVID-19. Specifically, which States are passing “workers compensation presumption” legislation. Currently, 16 states have approved legislation for COVID-19 presumption. This means that the burden is on the Employer and Insurance Company to prove the employee did not contract COVID-19 at the workplace vs. the employee proving they did. These laws all vary in terms of which types of employees are specifically covered by the regulation, such as essential workers, public employees, health care workers, corrections officers, first responders, etc.

California has recently passed specific guidance on the requirement to report all COVID-19 employee incidents to your workers’ compensation carrier. If you have employees in California please read the FAQ at the link below:

Workers’ Compensation Presumption (SB 1159) Frequently Asked Questions

States with Presumption Laws:

Presumption Laws are still pending in the following states:

  • Massachusetts
  • Michigan
  • New York
  • North Carolina
  • Ohio
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Virginia
Patrick Mullen | Vice President | 215.579.6428 |

If you have questions or would like to discuss in more detail, please complete the form below: