Bill would create COVID-19 presumption for essential workers

Lawmakers in New Mexico are considering a bill that would make it easier for essential workers who contract COVID-19 to obtain workers compensation.

H.B. 268, introduced Tuesday, would create a rebuttable presumption that essential workers who contract COVID-19 did so in the course and scope of their employment. However, the essential employee must establish that the employer had
“not strictly complied with then-existent public health orders” related to coronavirus.

Essential employees covered by the change include public safety and school employees, and employees declared to be essential workers under a public health order issued by the state’s governor or secretary of health.

The legislation, which would take effect immediately if signed into law, would be effective until Jan. 31, 2023.

More insurance and workers compensation news on the coronavirus crisis here.