Covid 19 Resources

Covid-19 Resources: Florida


Florida
2020-05-27

Administrative Policy Change changes burden of proof for "Frontline State Employees" and "First Responders"

The Division of Risk Management shall process Workers’ Compensation claims submitted by Frontline State Employees who have tested positive for COVID-19, through a reliable method, as compensable claims for occupational disease.  The Administrative Policy Change changes the burden of proof for "Frontline State Employees" and “First Responders”.  The burden is on the state to prove the source of COVID-19 is a source other than the employee’s work.  The rule does not apply to the private sector, where the burden of proof is on the employee to prove the illness was contracted at work.
 
"Frontline State Employees" and “First Responders” who are required to interact with potentially infected individuals will be eligible for compensation under Section 112.1815, Florida Statues and Chapter 440, unless the State can show by a preponderance of the evidence, that a Frontline State Employee/First Responder contracted COVID-19 outside his or her scope of employment.  Covered employees are state employees who work directly with the public in roles such as police officers, state-employed healthcare workers, child safety investigators, National Guard service members responding due to COFI-19 and emergency responders
 
“Non-First Responders” that contract COVID-19 due to work related exposure may be eligible for workers’ compensation benefits under Florida law as set forth by Sections 440.09 and 440.151, Florida Statutes, if the employee is able to prove, with clear and convincing evidence, that COVID-19 was contracted while in the course and scope of employment.

Testan Law stands ready to assist you.

 

 


Jessika X. Lorie

Jessika X. Lorie
Managing Partner

Fort Lauderdale
Phone: (954) 707-5656

Sal A. Richardson

Sal A. Richardson
Managing Partner for Litigation

Fort Lauderdale
Phone: 954-707-5656


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