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New York Workers' Compensation & COVID-19

May 29, 2020
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Will my Workers' Compensation Insurance be impacted by COVID-19?

What should I do when an employee has a coronavirus claim?

These are just some of the questions we have received from clients.

Friedlander Group would like to take this opportunity to shed some light on the confusion and concerns New York employers are facing in regards to their workers' compensation insurance. Please watch the video below to learn more!

CLAIMS
  • As of today, May 28nd, 2020, if an employee can prove they contracted COVID in the course and scope of employment, their claim will covered under workers’ compensation.
  • Employers should keep detailed records of any employee reports of COVID-19, regardless of a positive or negative test, or if the illness is alleged to be contracted at work or not.
  • When an employer is notified by an employee of a COVID claim, you should report the claim to Friedlander. We will then review the report to determine how the claim should be handled and if necessary, assist NYSIF in gathering key information.
  • Use the link below to report any COVID-19 claims via your client portal.
  • In New York, COVID claims will NOT be included in your experience modification and won’t increase their premium.
If you have questions, please contact Theresa Picco at theresap@friedlandergroup.com.
REPORT AN INCIDENT
RE-OPENING BUSINESS
Each re-opening business must develop a written Safety Plan outlining how its workplace will prevent the spread of COVID-19. A business may fill out the template below to fulfill the requirement, or may develop its own Safety Plan.
This plan does not need to be submitted to a state agency for approval but must be retained on the premises of the business and must be made available to the New York State Department of Health (DOH) or local health or safety authorities in the event of an inspection. 
If you have questions please contact Ray Sullivan at raymonds@friedlandergroup.com.
DEPARTMENT OF HEALTH TEMPLATE
OSHA
OSHA is enforcing the record-keeping rule for COVID cases in the following industries: healthcare, emergency response workers and correctional institutions.  For those employers, a COVID-19 case should be recorded on the OSHA 300 log if;
  1. An employee tests positive,
  2. The exposure appears to be work-related, and/or
  3. The employee loses time from work.
If you have questions please contact Ray Sullivan at raymonds@friedlandergroup.com.
OSHA FORMS