COVID-19 and workers' comp: New VT law presumes compensability

Vermont Governor Phil Scott recently signed into law a bill that recognizes COVID-19 as a workplace injury and creates a rebuttable presumption to that effect, with certain conditions. Employers need to be aware of the change in the law, particularly as we head into the fall and winter seasons and a potential coronavirus surge risk.

Who's covered

The new law creates a presumption of compensability under the state's workers' compensation laws for workers whose death or disability results from COVID-19. Application of the presumption varies, however, depending on whether the affected individual is a frontline worker.

Frontline workers. The presumption applies if they have received a positive laboratory test or a diagnosis by a licensed healthcare provider for COVID-19 between March 1, 2020, and January 15, 2021. The definition of "frontline workers" includes the following: