New WI Law for COVID-19

Apr. 2020

On April 15, 2020, the Governor Evers signed 2019 ASSEMBLY BILL 1038.  This law has a key provision for Work Comp claims:

It creates a rebuttable presumption that injury caused to first responders during COVID-19 is caused by employment.

Here is the language of the bill:

“This bill provides that, for the purposes of worker’s compensation, an injury caused to a first responder, during any public health emergency declared by the governor on March 12, 2020, by executive order 72 and ending 30 days after the termination of the order, is presumed to be caused by the individual’s employment. The presumption requires a diagnosis or positive test for COVID-19, and may be rebutted by specific evidence that the injury was caused outside of employment.”

Here is a link to the entire bill:  https://docs.legis.wisconsin.gov/2019/related/proposals/ab1038

If you have an employee making a claim that COVID-19 is a work injury, you will need to take a detailed recorded statement where you ask questions such as:

• When did the symptoms first begin, and how does this compare to their shifts at work (see note below for explanation)?
• Are they aware of any known cases at work w/ co-workers, patients, etc.?
• Has the employee done any traveling, and if yes, where, when, etc.?
• Does anyone in their home have COVID-19, and if yes, who, when, etc.?
• Has the employee been going to any store, etc.?

Please note that per John Hopkins’ website, symptoms take 48 hours to begin.  You will also want to ask the employer whether there is any known source at work.

This is a complicated issue.  Let us know if you have any questions.