Governor Issues Emergency Rules to Provide Workers’ Compensation for Frontline Health Care Workers Affected by COVID-19

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Gov. Gretchen Whitmer recently signed emergency rules to clarify workers’ compensation coverage for health care employees and first responders who have tested positive for COVID-19. The emergency rules apply to workers in the medical industry, including hospitals, medical care facilities, and emergency medical services, as well as law enforcement, fire safety, and others.

These emergency rules are effective immediately through March 20, 2021.

These employees are presumed eligible for compensable personal injuries under the Workers’ Disability Compensation Act if they are diagnosed with COVID-19, either by a physician or as the result of a presumed positive test result. The governor concurred with the COVID-19 Workplace Safety Director’s finding that the issuance of emergency rules was necessary to protect public health.

Michigan employees must be covered by workers’ compensation and are able to file claims for benefits when necessary, but these rules ensure that those at the frontlines of the coronavirus pandemic are covered for claims specific to COVID-19.

These emergency rules replace protections previously established by Executive Order 2020-128, which is no longer effective as a result of the Michigan Supreme Court’s finding that the Emergency Powers of the Governor Act of 1945 is unconstitutional.

Learn more about this announcement from the Governor’s office.

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