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POLICYHOLDER CENTER

Workers’ Compensation

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Lan McIlvain
Alan McIlvain Company 

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COVID-19: HELPFUL WORKERS’ COMPENSATION RESOURCES


Jump to: Worker safety & return to work – HR resources – FAQs

As we all continue to navigate through COVID-19, staying up to date on regularly
changing guidelines and disease information can be a challenge. We are here to
help! We continue to update our COVID-19 resources page as information unfolds
that may impact workplace safety and workers’ comp.



 


COVID-19 WORK COMP COMMUNICATIONS

Click the arrow below to see all of the communications that have been shared
with policyholders since the pandemic began in early 2020.



   Expand to see all communications
   
   
   

   

 * 11/11/2021 – Email to policyholders regarding the OSHA COVID-19 emergency
   temporary standard that requires employers to implement a mandatory vaccine
   policy.
 * 5/26/2020 – Email to Policyholders regarding HR OnDemand Webinar and
   Resources
 * 4/09/2020 – Email to Policyholders regarding Department of Labor Bulletin
 * 3/25/2020 – Email to Policyholders regarding Free HR OnDemand services
 * 3/20/2020 – Email to Policyholders regarding moratorium
 * 3/19/2020 – Press Release regarding moratorium on cancellations
 * 3/16/2020 – Email to Agents and Partners
 * 3/05/2020 – Email to Policyholders regarding coronavirus & work comp







KEEPING YOUR WORKERS SAFE

Worker safety is a top priority during this difficult time. Our Risk Management
team developed useful resources to help your employees stay safe and injury
free, including checklists, references, plans and webinars.


RETURNING YOUR EMPLOYEES TO THE WORKPLACE

As you reopen your workplace, we want everyone to be and feel safe. To assist in
your efforts, we’ve compiled helpful resources to make things easier, including
our step-by-step Return to the Workplace Toolkit.

 * Eliminate the Spread of COVID-19 – Workday Flow – This helpful poster reminds
   employees what they can do throughout the day to prevent the spread of
   COVID-19.
 * COVID-19 Prevention and Risks Flyer – Post this flyer to help remind
   employees to practice social distancing, clean and disinfect and other
   helpful prevention measures.
 * COVID-19: Stop the Spread of Germs – Reminds employees of safe work
   practices.
 * Q&A, It’s Never Too Late To Plan – ICW Group’s Rick Fineman, Risk Management
   VP, discusses risk mitigation when returning employees to the workplace amid
   COVID-19, in Insurance Business America.
 * Planning and Risk Assessment for Returning to Work From COVID-19 Closures –
   ICW Group’s VP, Risk Management talks to Risk Management Monitor about the
   four phases of reopening businesses during COVID-19.




ON DEMAND WEBINAR: VACCINES & VARIANTS: A COVID-19 UPDATE FOR EMPLOYERS

COVID-19 is constantly changing making it difficult for businesses to keep up.
During this webinar, our HR partner discusses the current state of the pandemic
and how you can continue to stay on top of COVID-19.





 


FOUR-PART WEBINAR SERIES: RETURNING TO THE WORKPLACE DURING COVID-19

As you start to return your employees to work, navigating the impacts of
COVID-19 will undoubtedly be a challenge. To help guide you with best practices
to keep your employees safe, we’ve provided a four-part Safety Webinar Series.





 


ON DEMAND WEBINAR: ERGONOMICS FOR REMOTE WORKERS

Many of you who have employees working from home during the COVID-19 pandemic.
View and share this on-demand webinar. You’ll find sensible tips and practical
guidance to improve home office ergonomics. Also, check out all of the included
“At Home Edition” ergo materials!





 


HR ONDEMAND COVID-19 RESOURCES

As our policyholder, you have free access to our HR OnDemand services. See this
helpful resource for employee guides, communications and law alerts.




LOGIN TO HR ONDEMAND TO GET ALL COVID-19 RESOURCES

To get the full benefit of HR OnDemand‘s Coronavirus resources, login to find
Families First Coronavirus Response Act (FFCRA), Employee vaccinations guide,
Sample Emergency Paid Sick Leave Policy (FFCRA Paid Sick Leave), Return to work
checklist, Remote work guide, and more!

 * Login for the entire toolkit: HR OnDemand Coronavirus Resources
 * Not an HR OnDemand user? Get signed up now!




NEED AN HR QUESTION ANSWERED NOW?

Of course, if you have an immediate question, just call! The support phone
number is available once you login to HR OnDemand. Their team is standing by to
answer your questions about how best to manage employer responsibilities and
employees’ concerns on various situations related to COVID-19.













ICW Group talks Return to the Workplace

ICW Group’s VP, Risk Management Rick Fineman talks about returning employees to
the workplace. See articles below.



ICW Group Talks Return to the Workplace

Q&A: It’s Never Too Late To Plan







HELPFUL FAQS ON WORKERS’ COMP AND CORONAVIRUS




WORKPLACE SAFETY FAQS

These FAQs have been compiled by our risk management team to help keep your
workplace safe.

If my employee contracts Coronavirus at work is it OSHA recordable?
Per OSHA guidelines, if an employee contracts Coronavirus (COVID-19) through
direct interoffice contact or in the course and scope of their work duties, the
employer should document this as a “Recordable Illness” on their current year’s
OSHA 300 log.



Please refer to the OSHA Enforcement Memo and the OSHA COVID-19 website for more
information.

Is our Respiratory Protection plan designed to help prevent our employees from
getting COVID-19?

Yes, if it aligns with the following:

 * Your respiratory protection plan is up-to-date and follows the manufacturer
   guidelines and OSHA 1910.134 standards at all times.
 * Your plan includes that proper medical evaluations occur prior to any
   employee being allowed to use respiratory protection, sufficient cleaning and
   storage of respirators procedures are followed, proper fit testing occurs,
   cartridges are changed frequently or as needed, and damaged or worn
   respiratory equipment is replaced. Employees should not be allowed to share
   respiratory protection devices.
 * Please refer to the OSHA link:
   https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.134.

Should we buy N95 filtered face pieces (masks) for everyone in our workplace?
Due to the extreme demand for N95 and similar masks, we advise following the CDC
guidelines listed in the following link:
https://www.cdc.gov/coronavirus/2019-ncov/hcp/respirators-strategy/index.html.



What can a healthcare organization do to lessen potential exposure by employees
and patients?
Like most safety related corrective actions, it’s best to start with Engineering
controls (outlined in the link below) to eliminate the problem whenever
possible. If Engineering controls can’t eliminate or control the concern, then
Administrative / Managerial controls (also outlined below) should be implemented
to limit individual exposures or change behaviors contributing to the risk. When
these measures are not feasible or easily implemented, Personal Protective
Equipment (PPE) should be used as part of the suite of strategies to protect
personnel from exposure.



The following CDC link provides practical strategies for Healthcare Facilities
relating to COVID-19:
https://www.cdc.gov/coronavirus/2019-ncov/hcp/checklist-n95-strategy.html.

Can we protect ourselves from off-the-clock injuries when employees are working
remotely?
Yes. There are several strategies to avoid “off-the-clock injuries” when
employees work from home. An employee / employer relationship that fosters open
communication is foundational to all. Consider the following approaches to
reduce risk:



 1. Establish a written remote work policy that communicates the company’s
    policies and procedures with respect to working from home.
 2. Establish definitive start and end times for the workday.
 3. Maintain regular communication with your direct staff.
 4. During this crisis, ask employees how they are faring, both professionally
    and personally.
 5. Keep detailed records of conversations surrounding assigned work activities
    and times.




WORKERS’ COMPENSATION CLAIMS FAQS

Our dedicated team of highly trained claim specialists is working hard to
provide you with accurate information specific to your claims needs as it
relates to COVID-19. These FAQs have been compiled to help you gain a handle on
workplace-related illnesses and associated claims.*

If my employee may have been exposed to COVID-19 on the job, what should I do?
We suggest you reach out to your designated industrial clinic or medical
provider to determine if the exposure warrants a medical examination or testing.
They should be able to guide you on the correct actions to take.



Is disease from coronavirus covered by workers’ compensation?
Common diseases like colds and flu are not covered. In order for a Coronavirus
claim to be covered by work comp, there has to be a need for medical treatment,
proper diagnosis and a direct link to employment. All potential sources of
exposure must be evaluated. Each claim will be reviewed on a case-by-case basis
by our team of highly trained claim specialists dedicated to handling all claims
involving COVID-19.



Should I report a COVID-19 claim to my workers’ compensation carrier?
If your employee has contracted the Coronavirus and you believe the exposure
occurred in the course and scope of employment, you should report the claim. We
have a team of highly trained claim specialists dedicated to handling all claims
we may receive involving COVID-19. We’ll investigate claims on a case-by-case
basis to determine if workers’ compensation benefits are due.



Should we take preventative measures to minimize the risk of exposure for my
employees?
Yes. The CDC’s website has many recommendations to help minimize the risk of
exposure. We also offer HR OnDemand to all our policyholders, which is a great
resource to answer employment-related questions.



If our employee with work-related COVID-19 illness infects their family, does
work comp cover family member’s medical bills?
No. Workers’ compensation only covers employees for injuries or illness that are
deemed work-related. Family members are not covered. The employee’s medical
provider should inform them on how to minimize the risk of infecting others and
appropriate quarantine requirements. The CDC.gov website contains
recommendations, guidelines and additional information.



What do we do if an employee wants to make a workers’ compensation claim for
COVID-19?
Immediately report all claims your employee believes may be work-related. Each
claim will be reviewed on a case-by-case basis by our team of highly trained
claim specialists dedicated to handling all claims involving COVID-19.





* Please note: Determining compensability of claims during this pandemic
requires specific facts, review of rules and regulations applicable in each
jurisdiction, and state directives ordered at the time of alleged injury. These
details are thoroughly reviewed by our claim experts to ensure you get the
response that addresses your immediate concerns. Please contact us directly at
844.442.9252 for questions specific to claims or for guidance on handling
potential scenarios.




PREMIUM AUDIT FAQS

Is ICW Group delaying final audits?
Final audits are not being delayed and will continue to be conducted after the
policy expiration. During the shelter-in-place orders, we conducted 100% of the
final audits virtually. We will continue with virtual audits, but we also are
back out in the field to meet with our customers in person to conduct the audit
when it is safe to do so.



How do I report my monthly payroll if I have employees I’m paying, but they
aren’t working?
For all amounts being paid through payroll AND the employee is not working at
all — do not report that payroll monthly. Since the employee is not working
during Covid-19, there is no premium charge for them.



At final audit, however it is very important to have all of these
employees/dates/times/dollar amounts documented. The auditor will ask to see
your documentation on the employees in question, and the time frame. For the
audit we do have to report to the state regulatory bureaus the amount of
“furloughed” or “paid but not working” payroll.

What about reporting and documentation if my employees work part time, but I am
making up the difference to pay them full salary?
In some states (CA for example) you are able to report exclude a portion of the
employee’s salary if you are making up the difference AND they aren’t working
during that specific portion. Other states do not allow this. Our auditors will
be looking for documentation that is clear and concise as to who, when
(including the time of day), and how much. If it is documented well, the auditor
will exclude, when possible, according to each state’s statutes and regulations.
I have employees that normally work in our manufacturing plant but are now
working from home doing different projects online. Can I start reporting their
payroll under 8810 – Clerical Office Employees?
Yes – you can report them under 8810 – Clerical Office, however, it is important
to note that you can’t report them in clerical one week, back to manufacturing
the next week, and back to clerical. They can only switch jobs to clerical one
time during the policy period. (This applies to all industries, not just
manufacturing).



As with everything else, it is important that this is documented thoroughly in
your records.

What if I am contacted to send in my records for a virtual audit, but I want an
auditor to come out?
In most cases this can be done. We still would prefer getting your records ahead
of time so that when visiting your place of business we will be able to work
with you on any additional information that we need, or any questions that come
up. If you would like an auditor to visit you, please contact us at
858-350-7399.

 

If you have any questions on anything related to the payroll reporting or audit,
please don’t hesitate to contact us at: 858-350-7399 or at
premiumaudit@icwgroup.com.




ADDITIONAL LINKS TO RESOURCES

The Centers for Disease Control and Prevention (CDC) and World Health
Organization (WHO) continues to issue guidance to employers, community groups
and families based on the current state of COVID-19.

 * Department of Labor: COVID-19 and the American Workplace
 * Coronavirus.gov (FEM, CDC & the White House project)
 * CDC: Coronavirus Disease 2019 (COVID-19) – Español
 * CDC Employers Guide – Plan, Prepare & Respond to COVID-19
 * CDC: Environmental Cleaning and Disinfection Recommendations
 * WHO: Coronavirus






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