COVID-19 Vaccines and Worker's Compensation
As we prepare for the COVID-19 vaccination rollout, many
employers are considering whether worker's compensation claims
may be asserted related to these vaccines. If an employee raises
such a claim, it should be fully investigated and a determination
of compensability made based on the facts presented.
Worker's compensation eligibility is defined by state
statute. If there is no legislative presumption or emergency
executive order in place, most state statutes require an employee
to prove there is an injury, arising out of, and in the course of,
employment.
- Is there an injury? The Indiana Act
requires reporting a claim after an employer has knowledge of an
injury requiring medical care beyond first aid.