California HealthLine picked up a story from the journal Science on transmission of the flu. Turns out that business travelers are a key vector in the spread of the disease around the US.
As one who spends way too much time on planes trains and waiting around for same, I guess I’m an occasional carrier as well. Sorry.
So here’s the interesting question – aren’t those traveling on business who return home with the aches pains and other nasty effects of the flu covered under workers comp? Their travel is business-related, and if they are in an accident that’s a comp claim, so…?
Apr
7
Ah Joe, you touched a nerve on this one. This Bird Flu will be judged by each individual state as to whether it is a job related disease. When you travel you also catch colds, and the more traditional flu’s, as well as god knows what else.
These are not compensable as they do not necessarily arise out of the normal course of employment and could have been affected through anyone, anything, and anywhere. The issue will be proving that it is truly an occupational disease.
Of course, if this flu reaches the worst case scenario, a pandemic as they say, there will be those who will attempt to make the case that it is WC.
The bigger question is what will it do to businesses and their ability to produce the goods and services necessary to keep the economy moving.
On another note, if the pandemic proportion is reached the worry for WC will not be the airports or business travel but the masses of people affected in work. If 50-100 people all catch it and are out, it will be easier to link it to the workplace.
Joe: This is an interesting issue.
I think that most travel-related comp claims for flu would be denied, because the travel – and not the employment itself — creates the exposure. Similarly, I may catch the flu working in my office, but that in itself does not make it a work-related condition.
Where it would certainly be compensable is among first line providers – emergency health care, nurses, etc.- people who treat others with flu symptoms. Cleaning and janitorial staff of nursing homes and hospitals would also likely be covered, because the work environment is at higher-than-normal risk for exposure.
With the flu’s high likelihood of fatality, the average claim will be very large indeed, because all dependents are covered. And, of course, our actuarial friends would point out that this type of exposure is not contemplated in the current rates for coverage.
Keep up the great work!
This raises a good question and one that I pondered a few years back with the anthrax scares…
If some postal worker came down with illness induced by anthrax exposure – would that be a compensable illness? What if no other workers came down with the illness? Would the employee have to produce evidence that his illness was work related?
What about the myriad of nurses, doctors and other health care professionals that come down with the good old “regular” flu each year (not the bird flu)? Are all of those cases compensable? …Or would only bird flu cases be?
Then there is hepatitis, AIDS, MRSA, RSV, Necrotizing Strep, etc, etc, etc – all these illnesses could be attributable to employment conditions as well… No?
Anonymous WC industry executive – what is your take?
TOJ
The Federal Government seems to believe it grounds exits for injured workers to obtain benefits from the workers’ copensation system.
See:
Workers’ Copmpensation: Homeland Security Takes Lead in Flu Pandemic Pointing to Compensation Programs http://tinyurl.com/c3vslc
Workers’ Compensation: The Compensability of a Swine Flu Pandemic http://tinyurl.com/dyf967