What You Must Know About WCB COVID Claims in Alberta
COVID 19 has done a fantastic job of turning the world upside down. In addition to closures, Alberta businesses have to deal with managing WCB COVID claims in Alberta.
While most information is generic enough to include all provinces, this one is specific to Alberta Businesses paying WCB Alberta Premiums.
In March 2020, the Alberta Government implemented a WCB Premium Relief for 2020 so you’ll want to read more on that and how you can save $1,000’s.
When could Alberta accept a WCB COVID claim as work related?
WCB will look at case on a claim-by-claim basis. This means that no two claims are alike and will be judged on their own.
There are policies in place for these kinds of things, and this is important to know because it’s by the policy that WCB makes their decisions.
Recently, I wrote an article about workers compensation started accepting injuries to COVID 19 vaccination as work related.
Here are some guidelines WCB Alberta has given to follow:
- If your employees job creates a greater risk of exposure to the worker.
- What this means is that work has to increase the chances of them getting COVID.
An example of this would be an outbreak in your place of work. WCB is classifying a COVID outbreak as 5+ cases in the workplace.
- What this means is that work has to increase the chances of them getting COVID.
- The nature of employment involves sufficient exposure to the source of the infection.
- If your workplace currently has active cases, and another employee reports a confirmed case, it could be related if that worker was exposed to the person that was initially infected at your jobsite.
- If your workplace currently has active cases, and another employee reports a confirmed case, it could be related if that worker was exposed to the person that was initially infected at your jobsite.
If a worker is in direct contact with someone having tested positive for Covid-19 and must self-isolate, will WCB pay them?
It Depends.
If there is someone on site that tests positive for Covid-19 (let’s call him John).
John worked around Brian and then Brian found out John had COVID. Brian was sent home for being in contact with someone that had a confirmed case of COVID.
While in isolation Brian isn’t getting paid by the company. Brian decides to make a claim for WCB as a result of losing money.
Does Brian have a claim?
The first question is does Brian have COVID?
If the answer is no, and he is isolating then it’s not likely to have a WCB claim. This is because without a positive result for COVID you can’t have a WCB claim.
WCB cannot accept a claim without a confirmed illness or injury.
If, Brian does test positive while being sent home to isolate, then WCB will investigate if the “direct contact” could have caused the symptoms or diagnosis of COVID.
If it meets the proper criteria. The WCB could accept as a WCB claim in that situation. There is a lot of grey area and for this reason is looked at on a claim-by-claim basis.
If you’re not sure that your worker has a valid WCB claim. Then contact us for assistance.
Do I Need to Report a Positive Case for COVID-19 to WCB Alberta?
Technically, you don’t have to report a COVID case to WCB if the worker was:
- On vacation or not at work when the confirmed case occurred.
- You’ve sent the worker home to self-isolate due to an exposure, but the worker hasn’t confirmed a positive result from this exposure.
Regardless of the criteria, if WCB is notified of a claim it will investigate for a decision.
What happens if I have a worker on modified and I shut down for COVID?
There is a few things to go over in this question.
The first scenario is a worker that is injured for an non-COVID injury. (Knee / Elbow / Shoulder).
They have been performing modified duties, but because the government imposed a COVID lock down, you have to send them home. WCB would most likely continue to pay the worker.
However…
WCB has adjusted their policies for this type of situation so that the company is not negatively impacted by the shut down. This is also known as cost relief. Essentially, WCB would move the costs off of your account and to the industry which would control your premiums.
A worker that was sent home for COVID related reasons but can still do their duties from home may not be entitled to benefits. If possible, you could provide modified from home.
What happens if a worker is working from home and gets COVID? Is that a WCB claim?
In this case it’s highly unlikely this would be accepted because this your employees personal residence. You are unable to control their environment even if they are performing work-related tasks for you.
Read also: How do I File a Workers Compensation Claim?
What should I do if someone tests positive for COVID at my job site?
I know that in some cases it would be difficult to close things down because of COVID.
The first thing you would want to do is remove the person from the job site.
Then identify the areas they were working and who could have had contact with the infected person and have them quarantine.
During their quarantine they can follow the proper procedure for testing and if there is a negative result perhaps return to work quicker.
Sanitize and clean any areas that could cause further infection in the workplace.
Identify if the source of the positive COVID test is from the workplace or the community.
For more information on COIVD related matters check out:
- WCB fact sheet on Covid-19
- WCB Alberta Covid-19 protocol
- Alberta employer legal obligations and OHS information