COVID - 19 and Workers Compensation

MAGE is encouraging its members who become ill with COVID-19, or who are quarantined due to coming into contact with COVID-19 at work to file a Workers’ Compensation claim.

According to Executive Order No. 2020-128, 2., from June 18, 2020, “For purposes of the WDCA, and subject to rebuttal by specific facts to the contrary, a COVID-19-response employee who is confirmed as COVID-19 positive on or after March 18, 2020, either by physician or by test, shall be presumed to have suffered a “personal injury,” as that term is defined by section 401(2)(b) of the WDCA, MCL 418.401(2)(b).”http://www.michigan.gov/documents/leo/EO_2020-128_694251_7.pdf

We are encouraging members to file a Workers’ Compensation claim if they come in contact with COVID-19 in the course of their employment. You can find out information regarding filing a Workers’ Compensation claim on the Department of Labor and Economic Opportunity website http://www.michigan.gov/leo/0,5863,7-336-94422_95508_26917---,00.html , here you will find the forms for the employees report of a claim, https://www.michigan.gov/documents/wca_WC-117_fillin_119771_7.pdf . In addition there is information on how to complete the forms and where to file the forms.

October 14, 2020, the Governor issued General Rules through Michigan Department of Labor and Economic Opportunity and under the Michigan Occupational Safety and Health Act, for addressing COVID-19 safety issues in the workplace. We encourage all members to review the emergency rules for their safety. The rules can be found at: http://www.michigan.gov//documents/leo/Final_MIOSHA_Rules_705164_7.pdf

For more information also see WXYZ Detroit article titled, “Whitmer: Frontline health care workers affected by COVID-19 ‘eligible’ for workers’ compensation” at http://www.wxyz.com/news/whitmer-frontline-health-care-workers-affected-by-covid-19-eligible-for-workers-compensation .