California Governor Signs New COVID-19 Workers' Comp Law

California Governor Gavin Newsom signed SB 1159 into law last week as part of his COVID-19 worker protection package. This bill expands access to workers' compensation and makes it easier for first responders, health care workers and people who test positive due to an outbreak at work to get the support they need, including necessary medical care and wage replacement benefits.

“Protecting workers is critical to slowing the spread of this virus,” said Governor Newsom. “This law will help California workers get the support they need if they are exposed to COVID-19.”

SB 1159 expands access to workers' compensation by creating a rebuttable presumption for front line workers — health care workers, firefighters and peace officers. Creating a presumption removes burdens of access to workers' compensation for those workers who most likely got infected at work. Additionally, the bill establishes a rebuttable presumption when there is a workplace outbreak over a 14-day timeframe.

Because lawmakers passed the law as an urgency bill, it will go into effect immediately, bypassing the typical Jan. 1 start date for most laws. The bill will sunset on Jan. 1, 2023.

Newsom's signature Thursday didn't come as a surprise. The governor said earlier this year that he planned to work "hand in glove" with the Legislature to expand COVID-19 workplace protections, including loosening workers' compensation claim requirements.

Newsom signed an executive order in May easing workers' compensation restrictions for all employees required to work outside the home, but those changes expired on July 5. SB 1159 is retroactive to July 6 and expires in 2023.

What does this mean for workers?

The protections provided by this bill are two-fold. The first piece applies to specific first responders and healthcare workers. The second applies to all California employees, but is more restrictive.

Police officers, firefighters and health care workers - including janitors who are in contact with COVID-19 patients - are eligible for workers’ compensation if they get infected while on the job.

All other workers are eligible only if their workplaces experience an outbreak. For companies with between five and 100 employees, the law defines an outbreak as four or more infected workers who work at the same location within a two-week period. For companies with more than 100 employees, outbreaks are defined as at least 4% of workers working in the same location being infected during a two week period.

Workers don’t have to prove they were infected on the job to get benefits because the law assumes they got it while working. Instead, employers must prove that their workers did not get the virus while on the job to deny coverage.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.