Category Archives: Coronavirus

Photo by cottonbro from Pexels
Coronavirus

COVID-19 – File a Claim for WORKERS’ COMPENSATION

Workers who contract COVID through exposure to the coronavirus on the job may be able to file a claim for workers’ compensation benefits.

Exposure to the Coronavirus on the job could have a significant impact on a worker and their family. In those rare circumstances where the facts line up to support allowance of a claim, the benefits available under a workers’ compensation claim could help to alleviate this impact.

Coronavirus, COVID-19 and Workers’ Compensation Claims

Workers with significant exposures on-the-job, or with specific conditions of their employment exposing them to the virus, could file a claim and potentially receive benefits. With exposure to the Coronavirus rather commonplace within our communities, the connection between work exposure and development of COVID-19 must be direct and clear in order for a claim to be allowed.

Washington State has issued guidance for the Department of Labor and Industries (DLI) that there should be a presumption that the onset of COVID-19 is related to work exposures for some frontline workers, including healthcare workers and medical professionals. If a period of quarantine is medically necessary, the workers’ compensation claim would pay time loss compensation for these workers, even if they are not ill, for up to 14 days.

Other frontline workers, especially those performing essential services in high-risk environments, could also be entitled to benefits under a workers’ compensation claim. For claimants working in jobs not explicitly covered under the presumption of work relatedness, each claim will be reviewed on an individual, case-by-case basis. Specific criteria must be met for a claim to be allowed. The first step is to file a claim.

“Unfortunately, although DLI’s guidance is great news for frontline healthcare workers, for most other people the guidance incorrectly states the legal standard for allowing an occupational disease claim. For instance, DLI suggests that there must be “an increased risk or greater likelihood of contracting the condition” in the person’s particular employment. The Washington State Supreme Court has rejected the “increased risk” test (elsewhere referred to as the “positional risk” doctrine) in several cases, most recently in Street v. Weyerhaeuser, 189 Wn. 2d 187, 200-01 (2018).” –Brian Wright

If you believe you have been exposed to the Coronavirus and developed COVID-19 due to an on-the-job exposure, you should contact an attorney. If you have questions about COVID-19 and workers’ compensation, our firm is available to assist you.

Benefits Under a Workers’ Compensation Claim

The benefits available would include time loss compensation for the days the worker is unable to work due to quarantine or illness. The claim would cover the cost of allowed medical treatment. In many cases, if there is no onset of symptoms or recovery from illness happens quickly, there may be relatively little compensation paid under a claim.

In some cases, people face hospitalization and extended periods of recovery. In King County, as of the date of this writing, the data shows that 6.4% of positive cases require hospitalization. The King County daily summary dashboard provides statistics about testing numbers and rates for positive results, hospitalizations and deaths.

Medical expenses can quickly add up, and time lost from work may be greater than one would expect.

Permanent Impairment After COVID-19

In most cases, there are no lasting effects that remain after recovery from COVID-19. However, it is now becoming clear that there can be permanent effects from COVID-19 in some cases, even for people who recover without the need for hospitalization.

If there is permanent residual impairment after COVID-19, an allowed workers’ compensation claim would provide a monetary impairment award once the claim closes. The most common reported permanent effects are connected to impaired lung function. There are also reports of stroke, kidney, liver and heart conditions that remain after recovery from COVID-19.

Impairment awards paid at claim closure are based on ratings of permanent impairment made by a physician. For injury to internal organs, the State uses a category system for rating impairment. Each category relates to a set of symptoms present, with higher categories compensating for higher levels of impairment due to greater loss of function.

In the rare case where death results, the worker’s family could receive a burial benefit and compensation for the loss of life due to the work exposure and illness.

Filing a Claim for COVID-19

For those that are diagnosed with COVID-19 that were significantly exposed to the Coronavirus on-the-job, a worker can file a claim with the Department of Labor and Industries. A claim can be filed:

  • Online via DLI’s FileFast tool.
  • By phone: 1-877-561-3453 (FILE).
  • At your doctor’s office (if you complete the Report of Accident at your doctor’s office, the doctor files the form for you).

You can watch a DLI video that generally describes the process for filing a claim if you need more information about the steps to be taken.

More Information and Resources

DLI has a page of information and links to resources dedicated to answering questions about COVID-19 and workers’ compensation. This includes questions raised by employers and businesses, injured workers whose non-COVID claims have been impacted by the social changes brought on by the virus, as well as workers who believe they have developed COVID-19 through work exposure.

The Washington Department of Health has a COVID-19 Information Line: 1-800-525-0127. Phone lines are staffed from 6 am – 10 pm. Interpreter services are available in multiple languages.

If you have questions about COVID-19 and workers’ compensation, or if your claim was denied, please feel free to contact our firm. We offer a free case analysis, and would be happy to discuss your specific circumstances with you.

Prior Posts on Related Topics

Photo by Norma Mortenson from Pexels
Coronavirus

Healthy Washington–Roadmap to Recovery

“Healthy Washington — Roadmap to Recovery” is the COVID-19 phased recovery plan announced by Governor Inslee on January 5, 2021. The Healthy Washington recovery plan will take effect on Monday, January 11, 2021. All regions start under Phase 1 guidelines.

This new recovery system aims to safely ease some restrictions while also maintaining crucial hospital capacity, protecting access to healthcare and promoting economic recovery across the State.

Eight Regions

There will be eight regions of four or more counties, divided according to available health care services based on metrics such as hospitalizations, case data and disease mobility.

Source: WA’s Governor’s Office on Medium

The Healthy Washington — Roadmap to Recovery regions are as follows:

  • Central: King, Pierce, Snohomish
  • East: Adams, Asotin, Ferry, Garfield, Lincoln, Pend Oreille, Spokane, Stevens, Whitman
  • North: Island, San Juan, Skagit, Whatcom
  • North Central: Chelan, Douglas, Grant, Okanogan
  • Northwest: Clallam, Jefferson, Kitsap, Mason
  • South Central: Benton, Columbia, Franklin, Kittitas, Walla Walla, Yakima
  • Southwest: Clark, Cowlitz, Klickitat, Skamania, Wahkiakum
  • West: Grays Harbor, Lewis, Pacific, Thurston
Restrictions Under Healthy Washington – Roadmap to Recovery

Key restrictions in Phase 1 are:

  • Indoor social gatherings are prohibited, outdoor social gatherings are limited to ten people and no more than two distinct households.
  • Indoor worship services, retail stores, professional services and personal services (hair salons, nail salons, etc…) are limited to 25 percent capacity. Where possible, remote work/attendance and curbside pickup are encouraged.
  • Indoor dining at any eating or drinking establishment is prohibited. Outdoor dining is limited to six people per table and no more than two households at each table. Establishments must close by 11 p.m.
  • Weddings and funeral ceremonies are limited to no more than 30 people. Indoor receptions, wakes or similar related gatherings in conjunction with such services are prohibited.
  • Indoor entertainment establishments may offer private reservations for individual households and no more than 6 people. General admission is prohibited.
  • Outdoor entertainment establishments may offer timed ticketed events to groups of ten (limit two households) at a time.

Depending on the activity, additional restrictions and/or requirements for reopening (required masking, spacing, etc…) may also be in effect. To read the full phase activity chart, and for additional information on Phase 1 permitted activities, see here.

How Regions Will Progress Through the Phases

Progress through the Healthy Washington phases is dictated by four metrics measured by region:

  • Decreasing trend in two week rate of COVID-19 cases per 100,000 population (decrease has to be greater than 10 percent)
  • Decreasing trend in two-week rate in new COVID-19 hospital admission rates per 100,000 population (decrease must be greater than 10 percent)
  • Total (COVID and non-COVID) ICU occupancy has to be less than 90 percent capacity
  • COVID-19 test positivity rate must be less than 10 percent.

Progress will be determined automatically, no application by the regions will be required. The Washington State Department of Health will evaluate metrics each Friday, with any movement – forward or backward – taking effect the following Monday.

Prior Posts on Related Topics
Photo by Sergei Akulich from Pexels
Coronavirus

HVAC Systems Can Help Reduce COVID-19

Optimized HVAC systems can help reduce exposure to COVID-19. The Department of Labor & Industries (L&I) just published “COVID-19 Guidance on Ventilation in the Workplace” – a one-page tip sheet on ventilation improvements that can be made to help provide a workplace free of safety and health hazards.

Coronavirus is a serious workplace health hazard. Adequate ventilation throughout the work environment can help to maintain a safe and healthy workplace.

Items that can be addressed to update HVAC systems include:

  • Building owners and managers can work with an HVAC professional to optimize building ventilation.
  • Document inspections performed, the findings of those inspections and the changes made.
  • Replace air filters regularly, and look into ways to improve air filtration, including use of HEPA filters.
  • Ensure exhaust fans in restrooms are set up properly, are fully functional, and are set to remain in constant operation.
  • Change settings that shut systems down or reduce their use during off hours, so that air is continually circulated within the building.
  • Set up the HVAC systems to bring in as much outside air as possible, avoiding recirculation of indoor air.

The tip sheet provides detailed instructions for these and other steps that can be taken to optimize HVAC systems in workplaces.

Free safety and health assistance for employers is
available from L&I’s Consultation Program:
DOSHConsultation@Lni.wa.gov or
www.Lni.wa.gov/DOSHConsultation.

Prior Posts on Related Topics
Coronavirus

Appeals Hearings All Remote Through June 2021


All Board of Industrial Insurance Appeals hearings will be by remote access through June of 2021. The Board has extended the period of time that Board offices will remain closed to the public due to the Coronavirus.

Board judges will typically handle proceedings by telephone conference calls. In certain circumstances, the judge may opt for video conferencing using a third-party service, CourtCall. This is usually for the purpose of appeals hearings, where evidence and testimony is presented, rather than more informal procedural events.

Conferences and Hearings to Be Adjusted

Board judges will reach out to those parties with events impacted by this extension. The judge will ask if they can convert the proceedings from live to remote-access events. In the event that a party is aggrieved that the appeal proceedings will be remote, a request can be made for the case to be continued to a later date. This would most likely be in the case of a hearing. This decision is at the judge’s discretion. Any rescheduled event date is subject to the availability of the judges and parties and will likely cause a delay in proceedings.

More Information and Assistance

More information about this process can be found on the Board’s website.

We often suggest that claimants have legal representation when their case is on appeal. This may be especially true when appeal hearings will be conducted via remote access. Feel free to contact our firm for assistance with your case. We offer a free analysis of your case and will give you our opinion on whether you need legal assistance, or not, and how we recommend you proceed.

Case number chart Nov 2020 - WA Dept. of Health
Coronavirus

COVID-19 Restrictions Tightened in WA

COVID-19 restrictions tightened for the entire state for 4- week period.

On Saturday, Governor Inslee announced a tightening of the restrictions on activities in place to prevent the spread of the coronavirus. The new restrictions take effect on midnight tonight, November 16, 2020, with the exception of those placed on restaurants and bars, which take effect on Wednesday. The restrictions are currently set to expire on December 14th.

CW Remains Fully Operational

Causey Wright has remained open and fully operational in a manner that almost matches the current increased restrictions exactly. We have maintained a low number of essential employees and clients/visitors inside the office, with most employees working from home, since the beginning of the pandemic. We have precautions and procedures in place to ensure the safety of anyone in the office. We will make minor adjustments to our plan to adapt as the COVID-19 restrictions tightened require.

Litigation Events

All scheduled court proceedings before the Board of Industrial Insurance Appeals and the Superior Courts are held via a remote-access. In many cases, our clients have opted to provide their testimony, whether before the judge or through a deposition, from our office. We have computers, web cameras and a strong wifi signal, and your attorney will be in the office, as well, to help with the process and provide full legal services before, during and after the litigation event.

We will coordinate with each client to meet their needs. For some, the ability to participate in their litigation from home is welcome. Others prefer to be in the office. Either way, we can make it work.

The COVID-19 restrictions tightened, but your case has not stopped. If you have concerns about an upcoming proceeding, or if you need assistance with a workers’ compensation claim, please contact us.

Prior Posts on Related Topics
Photo by JeepersMedia on Foter.com / CC BY
Coronavirus

Truckers Need Face Masks, Too

Truckers need face masks. They travel alone a lot, isolated in truck cabs, often with little direct contact with other people. While this may lower their risk of catching or spreading COVID-19, they must still protect themselves and others when making even brief stops along their route.

There is no assurance that a person who talks, coughs or sneezes – or even breathes heavily – as they walk by is not infected. Many people don’t realize they are infected, because they may be infectious BEFORE they feel any symptoms.

Drivers may feel a false sense of security at familiar customer sites, truck stops or other public places. This is especially true if they don’t expect lengthy social interactions. Wearing a face mask helps keep drivers and others safe, along with social distancing and other prevention measures.

High-Risk Truckers Need Face Masks Even More

Long-haul truckers may make repeat trips to hotspot areas of the country. Traveling from one hotspot region to another, and another, puts them at increased risk for exposure to the coronavirus.

Some drivers serve clients who are operating high-risk worksites, such as meatpacking plants. Often, drivers need to wait while a trailer is loaded. At a minimum, there is interaction required to handle the paperwork when picking up or dropping off a load.

All drivers need to interact people along their journey. Truck stops often have drive-through fast-food options that allow truckers to avoid indoor dining. Some we have spoken with report that these fast-food lanes are now more crowded than usual, as the general public utilizes them to also avoid inside dining. Truckers need to keep up the pace to finish their runs on time, so may opt to go into a store or fast-food restaurant to get food rather than use the drive-throughs, increasing their risk of exposure.

Using a mask, practicing social distancing and following hand washing protocols are the best tools available to keep drivers, and their families, safe. Truckers need face masks, too.

More Information For Truckers About Face Masks

As part of the Keep Trucking Safe program, a Tip Sheet is available with information about the use of face masks for truckers. You can download the Tip Sheet here.

The Tip Sheet covers selecting the right mask, how properly use and care for the mask, and has a link for more information if use of a respirator is needed.

The Keep Trucking Safe program is run by the Trucking Injury Reduction Emphasis (TIRES), a project of the Safety & Health Assessment & Research for Prevention (SHARP) program of the Washington State Department of Labor and Industries.

Prior Posts on Related Topics
Photo by NMC Second Life on Foter.com / CC BY
Coronavirus

BIIA Proceedings by Video/Phone Through January 2021

Proceedings by Video/Phone will be how Board of Industrial Insurance Appeals cases will be heard, through at least January 2021. Since we last wrote about this – APPEAL PROCEEDINGS WILL BE BY REMOTE ACCESS THROUGH JULY – additional options have been put in place, including Zoom proceedings.

Opening of BIIA Offices and Live Proceedings on Hold

When and how the BIIA will open their offices depends on the COVID-19 situation and guidance from Governor Inslee’s office.  On July 24, 2020, the Governor extended the Safe Start proclamation, and BIIA offices remain closed to the public at this time.

The BIIA will continue with only telephone/video proceedings through the end of January 2021.  Contact your assigned judge about using CourtCall or Zoom for video proceedings, or if you have questions about how to proceed.

More Information and Assistance

More information about the process for proceedings by video/phone can be found on the Board’s website. There is updated information for the use of Zoom for proceedings on a variety of devices, with step-by-step instructions and helpful screenshots:

If you have an appeal pending, you may also contact the judge assigned to your case, or their assistant, if you more information.

We often suggest that claimants have legal representation when their case is on appeal. This may be especially true when appeal proceedings will be remote access. Feel free to contact our firm for assistance with your case. We offer a free analysis of your case and will give you our opinion on whether you need legal assistance, or not, and how we recommend you proceed.

Recent Posts on Related Topics
Photo by SandiaLabs on Foter.com / CC BY-NC-ND
Coronavirus

Hazard Alert on Hospital Worker Safety

A COVID-19 Hazard Alert on hospital worker safety has been issued by the Washington State Departments of Labor & Industries (DLI) and Health (DOH).

Concern over COVID-19 cases in hospital workers has prompted DLI and DOH to clarify and update hospital guidance to prevent the spread of the virus to staff and patients.

The Hazard Alert on hospital worker safety was issued on September 17, 2020. It highlights key worker safety and health requirements and guidance on employee training, proper use of respirators and Personal Protective Equipment (PPE), social distancing, disinfecting procedures, and the importance of a comprehensive infection control program. The alert aligns hospital requirements with the most current information about transmitting the virus.

“Health care workers are on the front lines of the pandemic caring for others. This Hazard Alert spells out what hospitals must do to take care of all of their workers to prevent them from getting infected on the job,” said Anne Soiza, DLI assistant director for the Division of Occupational Safety and Health (DOSH).

“Employee safety and patient safety are equally important,” Soiza added.

Details of the Hazard Alert on Hospital Worker Safety

The alert covers several key areas including training on COVID-19 procedures and infection control. Among the requirements, hospitals must:

  • Replace disposable respirators and procedural masks daily at the beginning of each shift and immediately upon employee request when soiled or damaged during the shift. Multiple shift use of disposable respirators/masks is not allowed.
  • Train and ensure sick employees do not report to work and immediately leave work when they become symptomatic.
  • Ensure facilities are adequately staffed with qualified infection prevention staff and resources.
  • Provide adequate space and procedures for employees to physically distance at a minimum of six feet in break rooms, nurse stations, cafeteria and other spaces where they congregate.
  • Maintain hospital-wide policies and procedures consistent with state and national guidelines as they evolve for COVID-19.

DLI is working closely with the DOH on this issue. DOH supports local health agencies as they respond to COVID-19 cases and outbreaks, including those at hospitals, and conducts oversight of hospitals under state licensing laws.

DOH is coordinating with local health agencies and the Washington State Hospital Association on opportunities to provide hospitals with the education and support necessary to keep health care employees and patients safe from COVID-19 and other infections.

Guidance for Specific Industries

Along with the guidance for health care and long-term care workers, guidance for other industries is available on the DLI DOSH coronavirus webpage.

The state coronavirus webpage has links to important information and guidance related to the pandemic from numerous state agencies.

Prior Posts on Related Topics
Photo by Seattle Department of Transportation on Foter.com / CC BY-NC
Coronavirus

Gig Drivers Get Hazard and Sick Pay

Gig drivers are essential workers, bringing us the food and goods we’ve needed for the last six months and providing rideshare services during the pandemic. Gig drivers in Seattle recently won first-in-the-nation hazard pay and sick leave ordinances. 

The Fair Work Center announced the victory for Seattle gig delivery workers. The full announcement notice, excerpted below, can be read here.

Hazard Pay

Food delivery gig drivers are entitled to $2.50 in hazard pay for each restaurant or grocery delivery made inside the Seattle city limits. Hazard pay must be listed separately on the driver’s pay report, and paid out on top of what they would otherwise be paid. The hazard pay requirement took effect on Friday July 26th at 8:30pm, and continues for as long as the city’s official coronavirus state of emergency is in effect.

The City of Seattle (City) intends to make it clear that gig workers working for food delivery network companies have a right to receive premium pay for work performed during the COVID-19 emergency.

– Council Bill 119799

Read the full text of the Premium Pay for Gig Workers Ordinance for all of the details.

Paid Sick Days

Gig delivery drivers and Uber/Lyft drivers now have the right to take paid sick days. Drivers start off with a certain number of paid sick days based on how much they’ve worked back to October of 2019, and they will continue to accrue paid sick days going forward at a rate of 1 day for every 30 days you work. When a driver takes a paid sick day, they’ll get paid based on their average daily compensation, including tips. No doctor’s note or other documentation is required to take a sick day during the coronavirus pandemic.

The sick days law took effect on Monday, July 13th, 2020. They will continue while the state of emergency remains in place.

The definitions of “employee” and “employer” in local, state and federal law are broad, but food delivery network companies and transportation network companies rely on business models that treat gig workers as “independent contractors,” thereby creating barriers for gig workers to access paid sick and paid safe time and other employee protections.

– Council Bill 119793 

Read the full text of the Paid Sick and Safe Time for Gig Workers Ordinance for all of the details.

Who is Covered

The ordinance extends labor protections to gig drivers who typically don’t qualify for traditional benefits because they are currently classified as independent contractors.

The hazard pay ordinance applies to covered grocery and food delivery platforms operating in Seattle, including Instacart, Shipt, TaskRabbit, and Amazon Fresh. Covered restaurant delivery platforms include DoorDash, Uber Eats, Postmates, Caviar, and GrubHub. Sick pay applies to both grocery/food delivery drivers and rideshare drivers, such as Uber and Lyft.

Hazard pay and sick pay are temporary benefits that will continue as long as Seattle remains under a coronavirus state of emergency.

More Information

The City of Seattle Office of Labor Standards page on COVID-19 Gig Worker Protections has detailed information on both the Paid Sick and Safe Time for Gig Workers Ordinance and the Gig Worker Premium Pay Ordinance.

Help Fair Work Center Enforce the Laws

Like all Seattle labor standards, these laws apply to work done within Seattle city limits. Help Fair Work Center enforce the law — use their hazard pay tracker to let them know what you’re seeing, app by app and job by job.

Prior Posts on Related Topics
Photo by mcfcrandall on Foter.com / CC BY-NC-ND
Coronavirus

Choose the Right Face Mask

New DLI web tool helps you choose the right face mask or covering.

Most Workers Must Wear a Mask

Most workers in Washington have to wear a mask or face covering at work under coronavirus workplace safety and health requirements that took effect June 8th.

With some exceptions, workers must wear some type of face covering or mask to help limit the spread of the coronavirus to those around them. Other higher-risk jobs may require respirators to protect the worker from infection by patients or clients.

Under the requirements, employers must provide the face coverings and masks to employees at no charge. Workers can bring their own face coverings and masks as well, as long as they meet requirements.

Choose the Right Face Mask

Choosing the correct mask for COVID-19 prevention at work just got easier and quicker if you use Washington State’s Department of Labor and Industries’ (DLI’s) new  web-based e-tool  from your mobile device or computer.

Although not intended for hospitals, clinics or other treatment facilities, the e-tool is designed to help most businesses make informed choices based on the level of risk and whether users are working alone, indoors, outdoors, or in a vehicle.

The e-tool also includes links to other helpful information including videos on how to correctly put on and remove masks, answers to common questions about masks and DLI’s “Which Mask for Which Task?” booklet.

We hope you’ll enjoy the convenience this eTool offers and share it with others in your safety network.

Where to find more info

Please visit L&I’s Coronavirus safety and health overview page for prevention materials and links to policies, requirements, and helpful resources about COVID-19 safety for healthcare professionals, agricultural workers, airline employees, construction crews, childcare workers, grocery workers, dental workers and many other occupations.

Prior Posts on Related Topics