PRESS RELEASE: Bills Would Ensure Nurses With COVID-19 Can Access Workers Compensation Benefits

For Immediate Release

Feb. 3, 2021

Contact:

Rick Levy
AFL/CIO
Rick@texasaflcio.org
512..695.1148

Kanaka Sathasivan
Texas Nurses Association
editor@texasnurses.org
512.452.0648 x 130

Bills Would Ensure Nurses With COVID-19 Can Access Workers Compensation Benefits

HB 396 by Representative Joe Moody (D-El Paso), SB 433 by Senator Zaffirini (D-Laredo), and SB 439 by Senator Blanco (D-El Paso) would create a presumption that nurses who contract COVID-19, while directly caring for coronavirus patients, did so in the course of employment.

The Workers’ Compensation system provides benefits to persons who get injured or sick from a work-related cause. To access these benefits, the claimant needs to prove that they were injured in the course of employment. Given the nature of COVID-19, meeting this burden of proof is difficult. It can take a significant amount of time, may require hiring an attorney and can lead to an inappropriate denial of benefits.

These bills would create a legal presumption that, when a nurse contracts COVID, it was contracted in the course of employment. A nurse would not need to prove that they contracted COVID during employment; instead, the benefits carrier would be required to prove that the nurse did not contract COVID in the course of employment in order to deny benefits. Further, any claims that were denied on or after February 1 of 2020 could be resubmitted with this new presumption in place. These bills would immediately make benefits more accessible, ensuring that sick and injured nurses are taken care of in their time of need.

“Nurses have been heroes through this whole pandemic,” Texas AFL-CIO President Rick Levy said. “They have taken unimaginable risks, navigating great danger to treat their patients and fulfill their calling. These bills recognize the heightened risk nurses have taken on under incredibly trying circumstances.”

“Nurses are putting their lives on the line every day they show up to care for people afflicted with COVID-19,” said Cindy Zolnierek, PhD, RN, CEO of the Texas Nurses Association. “Providing assurance that we will care for them if they get sick is the least we can do. These bills will ensure that nurses can access the benefits they deserve when contracting COVID-19 in the line of duty.”

Representative Moody added, “Nurses are on the frontline risking everything to protect all of us during this
pandemic. They deserve us returning the favor by making sure that if the worst happens, getting fair workers’ compensation isn’t something they have to worry about.”

“Texas nurses have put their lives at risk to combat the worst pandemic we have seen in 100 years,” said Senator Zaffirini. “It is imperative we remove barriers for them to access worker's compensation benefits when they contract COVID-19 while treating their patients. Senate Bill 433 would be an important sign of our appreciation for nurses' heroic and inspirational work during the pandemic and our commitment to their health and safety in the future.”