COVID Vaccine Workers Comp Liability

COVID Vaccine Workers Comp Liability

Earlier this week, a LeadingAge member raised a concern that if the COVID vaccine was administered to an employee on-site and during work hours, the provider could be liable if the employee had an adverse reaction to the vaccine.  

After consulting with our partners at Comprehensive Risk Management, we have been advised that L&I has determined that it would presumptively deny claims for voluntary vaccination, occurring on-site and during work hours, that later resulted in an adverse reaction. However, any allowance or rejection of these types of claims would be taken on a case-by-case basis, and there could be a set of facts (immunization administered contrary to pharmaceutical guidelines is one example that comes to mind) that could result in claim allowance.

We will keep you updated if more information is released. 

Alyssa Odegaard- Vice President, Public Policy 

c: 206.948.2279

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December 16, 2020