Dbl post

On the WC - from what I can tell, in one trade journal:

Employers (ER) need to recognize that if they do impose a vaccination mandate on their employees(EE), they are likely going to 1) pay for it 2) it will be considered compensable work time and 3) medical complications in a mandatory vaccination environment are going to be under WC and be covered.

EEOC & OSHA indicate that an ER can mandate the vaccine - however, from an insurance viewpoint, what is not discussed is that if the ER mandates it as a condition of continued employment, regardless of where the vaccination is obtained it is likely to be considered a compensable injury if the EE suffers a severe reaction.

Also, even if the ER does not mandate but strongly encourages it and the EE suffers injury, that too could be considered a compensable injury in certain states such as California.

It is important to note that all insurance is regulated at the state level so while the rules are fairly similar across the board, the contracts have to be filed and approved for each state. What may be applicable in CA may not be in WI and ultimately it comes down to the language in the policy contract.

This is a very simple explanation as the rules can be very complex. I have noted in a lot of the employment law blogs don't necessarily agree with the views of risk managers on this, but they don't pay out the claims. They tend to focus more on alternatives for work, ADA, religious exemptions, etc.

Side note- there has been discussion in the wellness programs on the offering of incentives to get the jab. The feeling is that and the ER should exercise caution with regards to size. The larger the incentive, the more likely it is to be viewed as coercive. But the safer route is to reconsider offering any type of reward compensation to those EE that get jabbed and instead simply offer information.