As of mid-February, the U.S. now records 64% of the population as fully vaccinated against Covid-19. Data shows that all but one state, Alabama, with more than 50% of their residents fully vaccinated. Nearly a year after rolling out, vaccines continue to be a frequent topic of debate and discussion for state agencies, legislators, and the general public.
Vaccination requirements, although supported by most Americans, have stirred controversy. Amid a significant spike in cases in November combined with low vaccination rates, President Biden proposed a series of vaccine mandates aimed to quell the spread of the virus in the workforce during the approaching winter months. However, significant concerns continue to mount regarding the federal government’s authority on mandating Covid vaccinations.
Vaccine Mandates
The Supreme Court of the United States (SCOTUS) addressed some of the vaccination mandates last month, allowing the healthcare workers directive to stand while the mandate for private employers with over 100 employees did not. Due to the decision, the Biden administration formally withdrew the federal mandate for private employers late last month. The military and federal contractor mandates are awaiting further action from the courts.
While some federal vaccine requirements are being upheld, particularly for healthcare and likely for military members, the court decision does not rule out any action from private employers. Several major companies will still require employees to be vaccinated or face potential suspension or termination. AT&T, Facebook, Google, IBM, McDonald's, Southwest Airlines, United Airlines, Walgreens, and Walmart are just some of many major corporations still requiring the Covid-19 shot for their employee's company-wide.
Workers’ Comp Benefits for Adverse Vaccine Effects
In response, state legislators in several states are proposing a workers’ compensation presumption for adverse vaccine effects from receiving a Covid-19 shot mandated by an employer or state/federal agency. Data from the Center for Disease Control (CDC), along with international agencies such as Health Canada, the European Union Commission on Public Health, and the World Health Organization (WHO) conclusively agree that the Covid-19 vaccines are highly effective and most importantly safe with little to no associated risks. Severe adverse effects are extremely rare, with just five people per every one million suffering from anaphylaxis in response to the Covid-19 vaccine. The wait time after receiving a vaccine ensures that even if someone experiences anaphylaxis that the healthcare professional on hand can treat the condition quickly and decisively.
AL, AZ, KY, ID, MI, MS, NH, OK, PA, & SC are some states considering such a presumption. The proposed legislation would assume that any severe ill effects after a mandated vaccination be eligible for workers’ compensation benefits. Legislators see the proposal as a way of giving security to those who have not received their Covid-19 shot who are required to do so by their employer. Almost every state proposing the presumption indicates that the workers’ compensation protection is only for those mandated to receive the shot in order to work for their employer. If someone who works for an employer without a vaccine requirement voluntarily gets their shot and suffers adverse effects, they would not be eligible for compensation.
Adverse Effect Severity
It is worth noting that state definitions or interpretations may hit a snag when determining an adverse effect severity. Headaches, chills, or feverish symptoms lasting for a couple of days or so will likely not be considered eligible. Whereas a diagnosis of one of the rarer side effects such as anaphylaxis or myocarditis would be. If any of the bills fully pass, legislators may need to consider clarifying what constitutes a vaccine injury workers’ compensation claim.
Covid-19 Vaccine Benefits vs Risk
According to medical experts domestically and internationally, the vaccine's benefits outweigh the small amount of risk, as with all vaccines. With lagging vaccination rates, workers’ compensation presumptions for adverse effects from the vaccine can provide some security and incentive to those concerned about the minimal chance they experience severe adverse effects from the vaccine. As the legislative session enters the committee hearing phase in most Statehouses, IWP is ready to keep you updated on this issue as well as the latest news in workers’ compensation nationwide.