Wash. Reminds Workers that COVID Coverage Requires More than Home Test

Tacoma, WA (WorkersCompensation.com) -- As the COVID-19 pandemic has lingered on to feel like a permanent part of life, it's not surprising that quite a few people opt to skip the line at the drive through for testing and do the swab at home. 

But, for purposes of compensability under workers' compensation law, are COVID-19 claims allowed based on positive home test results?

The State of Washington recently addressed this question, reminding workers that they need a diagnosis, not just a darkened line on a home kit.

Recently, workers reported positive home test results for COVID-19 to their employers and were not informed that they needed a COVID-19 diagnosis from a medical provider or a positive test administered by a medical facility, testing facility, or pharmacy, to have an allowed claim.

Failure to notify workers of the claim requirements has led some workers to believe that they did not need to seek treatment, and may appear as though their employers have accepted the home test as valid.

WAC 296-15-320 requires self-insurers to assist workers in reporting and filing claims. When a worker reports they have a positive home test for COVID-19 and would like to file a claim, the employer or third party representative should:

• Verify the home test, meaning the employer agrees to accept the test as valid; or
• Immediately notify the worker in writing that they need to seek treatment from a medical provider or be tested by a medical facility, testing facility, or pharmacy.

In other words, employees need to make sure they get tested by a medical professional to establish a COVID-19 claim, and employers need to remind them that doing so is the rule.

Find compliance information from all 53 U.S. jurisdictions, including Washington, on WorkCompResearch

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