Tuesday, December 1, 2020

Are work-related COVID-19 cases fully reported, counted and paid by workers’ compensation?

 

COVID-19 has been infecting, disabling, and even killing workers in the course of their employment.  Healthcare workers, first responders, cleaners, grocery clerks and other essential workers are put at elevated risk of COVID-19 infection because of their work.  Despite precautions and COVID-19 safety plans, work-related COVID-19 infection are a significant proportion of the overall infection count… and may be under-represented for a variety of reasons.





Many workers contracting COVID-19

Public health agencies investigate the likely source of infection as part of their contact tracing efforts to stop the chain of transmission and contain the COVID-19 virus.  In British Columbia, for the period September 13 to October 26, workplace settings accounted for more than 10% of COVID-19 local case/cluster settings. [Derived from BC CDC, COVID-19: Monthly Update November 12, 2020, Slide 9 https://news.gov.bc.ca/files/COVID19_Monthly_Update_Nov_2020.pdf]


In a recent report, the British Columbia Centre for Disease Control states:


1 in 10 individuals who had COVID-19 identified as a health-care worker


[BC CDC, COVID-19: Monthly Update November 12, 2020, Slide 10  Https://news.gov.bc.ca/files/COVID19_Monthly_Update_Nov_2020.pdf]


While not all those identifying as healthcare workers may have contracted the disease because of work, there is no question that essential workers are at elevated risk.  The number of claims received from healthcare workers  alone is about 70% of what the public health data of COVID-19 test-positive healthcare worker count suggests. [ Based on WorkSafeBC COVID claims data by industry as of November 11, 2020 as numerator and BC CDC, COVID-19: Monthly Update November 12, 2020, Slide 10 https://news.gov.bc.ca/files/COVID19_Monthly_Update_Nov_2020.pdf  as denominator]


In another recent report, the CBC contacted all provincial workers’ compensation boards in Canada to determine the number of workers’ compensation claims from workers for work-related COVID-19. As of mid-November, 26,107 claims had been submitted and 20,140 claims allowed so far this year.  Given that Canada reported 335,000 cases of COVID-19 over that same period, just under 8% of all reported COVID-19 cases resulted in a workers’ compensation claim.  [CBC, Workplace compensation claims reflect toll COVID-19 has taken on Canada's workers, November 23, 2020 https://www.cbc.ca/news/canada/covid-compensation-wsib-wcb-workers-1.5810305]


Workers’ compensation claims for COVID-19 lag public health data

It takes time to consider and determine the “work-relatedness” of a workers’ compensation claim.  Although nearly 80% of claims reported have already been allowed, the ultimate acceptance rate may well be higher. 


Timing is not the only complication.  In some cases, a claim may be submitted but with no costs for income loss, medical or other expenses received. Depending on the jurisdiction, such a case might or might not be considered “reportable” to the workers’ compensation or occupational health and safety agency.  That said, the employer or the worker may want to file a claim because of the uncertain consequences of a COVID-19 infection even if there is no interruption in earnings, no medical expenses, and no resulting permanent disability so there is no further action required.  This sort of situation is captured in claim statistics detail from WorkSafeBC:

 

Eligibility Decision by WorkSafeBC to November 11, 2020

Allowed                                506

Disallowed                           733 

No adjudication required   49                                  

Pending                               197

Rejected                                  4                         

Suspended                         100                 

Total                                 1,589

                                                       


As evident in these data, not all reported workers’ compensation claims are accepted.  Many may be disallowed (determined not to be work-related, for example) and some rejected (not a “worker” as defined by the legislation, for example).  Even in jurisdictions with presumptions for some categories of essential workers, there may be evidence to rebut the presumption.   


Even if all new COVID-19 exposures were to magically end tomorrow, the number of workers’ compensation cases filed and accepted may continue to rise for years to come.  Workers have time to file claims and contested cases may subsequently be allowed on review or appeal.  In some cases, consideration is delayed while medical records and tests are obtained.  This means that the eventual claim counts and costs related to COVID-19 occurring in 2020 may not be fully known for many years to come. It also means that current proportions like those noted here understate the ultimate level of workplace COVID-19 impacts.


Workers’ Compensation for COVID-19 infection are being allowed

When this pandemic began, many questioned if workers’ compensation agencies would accept any COVID-19 infections injury or disease claims as work-related.  From data being reported in Canada, the US and Australia, a substantial proportion of COVID-19 worker’s compensation claims are being accepted.


In Quebec, where almost all workers are covered by workers’ compensation, submitted claims represent 10% of the provinces 133k reported cases of COVID-19; nearly 90% of claims submitted so far have been allowed in that province.  Ontario, where about 70% of the working population is covered by workers’ compensation shows about 7% of cases are represented in the submitted claim category with a 76% allow rate to date.


Alberta Workers’ Compensation Board reports 3,209 COVID-19 claims received, 2,164 accepted, 646 rejected and 399 are either pending or under review. Interestingly, most claims were from the manufacturing sector, related to meat processing plants in that province. Claims received would be just under 6% of reported COVID-19 cases in Alberta. Nicole Stillger, “Over 3,200 COVID-19 claims made to Workers’ Compensation Board of Alberta since March, Global News, posted November 29, 2020, https://globalnews.ca/news/7491453/alberta-workers-compensation-board-covid-19/


Washington State experienced 80,465 confirmed cases of COVID-19 by September 14, 2020.  https://www.seattletimes.com/seattle-news/health/coronavirus-daily-news-updates-september-15-what-to-know-today-about-covid-19-in-the-seattle-area-washington-state-and-the-world/.  The state’s safety and health research agency report 3836 submitted claims (with an 83% allow rate) and 3488 claims as a result of quarantine coverage covered in that state by the same date.  [See https://lni.wa.gov/safety-health/safety-research/files/2020/64_20_2020_wcCOVID_Nov.pdf ]. The claims submitted represent nearly 5% of the total COVID-19 cases reported in the state over that time frame.


SafeWork Australia reported that by July 31, 2020 533 workers’ compensation claims had been lodged with jurisdictional authorities (about 3% of all COVID-19 cases reported in Australia).  Up to that date, nearly half had been accepted (253) and a substantial number pending (185).  It should be noted, however, that claim counts reported in this context include mental health and testing or isolation circumstances and not just test-positive work-related claims.  https://www.safeworkaustralia.gov.au/sites/default/files/2020-11/COVID-19%20Infographic%20-%20Worker%27s%20Comp%20Claims%2031%20July.pdf


Work-related COVID-19 infection is higher than workers’ compensation accepted claims

The work-related incidence of COVID-19 may be much higher.  Not all workers are covered by workers’ compensation.  Others may be covered but unaware of their right to workers’ compensation.  Still others may be directly or indirectly discouraged from filing a workers’ compensation claim. 


The proportion of workers contracting COVID-19 in the course of their employment may also vary with the nature of their work.  Prison guards, food processing plant workers and long-term care aids are among the most likely to have the disease passed to them because of the close congregation of workers and of workers to others in frequent close contact.  This is particularly likely when the virus is spreading in the community. If the virus is in the community, chances are someone (worker, visitor or other person) will become infected and introduce the virus into the workplace.  Fraser Health recently published an excellent example in this poster:

 




How many workers’ compensation claims arose from this real-life example?  I asked the workers’ compensation authority that question and was told they were not privy to the information used by Fraser Health to develop the example.  The lack of data sharing between health authorities and workers’ compensation insurers may contribute to the under-representation of work-related COVID-19 cases in statistics.  I’m not saying that public health should adjudicate workers’ compensation claims.  What I am saying is that the public health determination that a COVID-19 test-positive case likely occurred at work is important evidence that should be available to those adjudicating workers’ compensation claims. 



Direct COVID-19 infections are only one category of workers’ compensation claim

COVID-19 case counts should not be considered as the only work-related consequence of this pandemic.  I’ve spoken with workers in health care; many are stressed to near the breaking point.  Work-related psychological injuries are occurring now and are likely to be a growing feature of future workers’ compensation claims experience.


Some essential workers are exhausted.  With staff shortages, many are being called to work double shifts, longer hours, and expanded duties.  Even the simple comforts families could offer the severely ill and dying must now be offered by workers… and that, too, takes a toll. 


Photos of chapped and swollen faces from long hours wearing N-95 masks are common.  Healthcare workers have spoken of hands breaking down from repeated washing and sanitization.  Images of medical staff in despair and reports of suicides from their ranks are a growing concern. Dermatitis, depressive reaction and PTSD may not be direct consequences of COVID-19 but they are real injuries; if work-related, then workers and their families should be compensated.


Except for the Australian data, I could not find current statistics on the incidence or prevalence of psychological or mental health claims for workers’ compensation related to COVID-19.


Final comments

A few jurisdictions such as WorkSafeBC are reporting statistical data for COVID-19 cases.  Jurisdiction such as Washington State that cover quarantine for some occupations are reporting these data separately but are clearly tracking cases in this regard.  It is not clear which jurisdictions are comprehensively collecting and reporting data on workers’ compensation COVID-19 claims, claim types, claim status, or costs.


What is not being reported in most jurisdictions are the indirect COVID-19 cases.  We are barely 8 months into the COVID-19 pandemic declared by the World Health Organization on March 11, 2020.  PTSD has a “delayed specification” of six months, so, formal assessment and diagnosis can’t happen in real time.  It will be years before we know the human and financial costs of COVID-19 in the workplace.  Reporting on cases of PTSD related to COVID-19 is just one example of the sort of data that needs to be collected, tracked,  and made available as soon as possible.   


This is not just about money and who should pay for work-related case.  Timely workers’ compensation data is necessary for prevention, targeting interventions and making workplaces safer right now and in years to come.


If we are to ever understand the real human and financial costs of this pandemic, we need to be identifying and tracking cases now.  We need to understand any disparities between the work-related COVID-19 cases identified by public health and the cases reported to occupational safety and health or workers’ compensation authorities.  This is not a trivial task; however, it is essential if we are fully acknowledge these costs, learn from this pandemic… and prepare for the next one. 

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