Virginia's COVID-19 presumption bill passed by the Virginia House of Representatives on September 4, 2020 has been set aside by the Senate. The bill, which would have made COVID-19 a presumed occupational disease for certain classes of workers, is now dead. Virginia employees seeking workers' compensation benefits for COVID-19 will have the burden to prove the illness was contracted in the workplace.
It is important to note the possibility of a COVID-19 presumption bill passing in the future.
Previous update sent on 9/10/2020:
On September 4, 2020, the Virginia House of Representatives passed a bill, retroactive to January 1, 2020, establishing COVID-19 as a presumed occupational disease for firefighters, emergency medical services personnel, law enforcement officers, first responders, health care providers, and school board employees in Virginia. The presumption can be rebutted if it can be "overcome by a preponderance of competent evidence to the contrary."
Using CDC guidelines, Prescient National created a worksheet to share best practices and serve as a document where employers can record their COVID-19 workplace safety actions. Ultimately, this will help employers keep their workplace safe.
Details on H.B. 5028 can be found here, which includes links further defining which employees are included.
The information shared in this email is current as of the date sent. Guidance continues to change and the above information may become outdated. Therefore, you may receive additional communication from Prescient National regarding an update on this topic.
