BILL NUMBER: S8544

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to certain
claims for death benefits based on death due to COVID-19 in memory of
Joseph Fletcher; and providing for the repeal of such provisions upon
the expiration thereof

 
PURPOSE:

To amend the workers compensation law, in relation to certain claims for
death benefits based on death due to COVID-19; and providing for the
repeal of such provision upon the expiration thereof.

 
SUMMARY OF PROVISIONS:

Section 1. The workers compensation law is amended by adding a new
section 3b to read as follows:

Reopening of claims for death caused by COVID-19. 1. A claim for compen-
              

sation for death based of a diagnosis of COVID-19 shall not be disal-
lowed if such claim is filed within a year of the effective date of this
section.

Section 2. The board shall permit the filing of claims for death due to
COVID-19 which was previously denied.

 
JUSTIFICATION:

A study appearing in the Journal of Occupational and Environmental Medi-
cine finds that while 87% of COVID-19 claims were for essential workers,
of the 6,321 COVID-19 related deaths, only 2% resulted in a claim for
death benefits under the Workers Compensation Law in 2020 and 2021. This
suggests that the number of work-related death claims was significantly
underreported and that the number of claims for death benefits actually
filed by surviving family members of essential workers bears no
relationship to the number of eligible families. These families are
presently ineligible for death benefits due to the requirement that such
a claim be brought within two years of death.

This disparity can be caused by several factors including, but not
limited to unfamiliarity with the eligibility for death benefits or whom
to contact to seek those benefits; the failure of employers to properly
advise surviving families of their ability to file for such benefits;
language barriers and the overwhelming grief of sudden loss of a provid-
er in the midst of a global pandemic.

This bill provides families with one additional year from the date
signed into law to file a claim for death benefits to which they would
otherwise be entitled.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed two years after such date.