COVID-19 Presumption FAQ

Did the COVID-19 workers' compensation presumption sunset on January 1, 2024?

Yes, the COVID-19 presumption sunset on January 1, 2024, and is no longer in effect.

If I contract COVID-19 can I still file a workers' compensation claim?

Yes- an employee can file a workers' compensation claim for any job-caused injury or illness. The presumption shifts the burden of proof from the employee to the employer but does not create a new permission to file a claim. Without the presumption, it will be required that the employee prove that the injury, COVID-19 in this case, was contracted on the job.

Firefighters and EMS personnel still fall under the Aerosol Transmissible Disease (ATD) Standard (CCR Title 8, Section 5199) that requires employers to:

Establish written programs and procedures to protect from occupational exposures.
Employ feasible engineering controls and work practice controls to protect exposures (including appropriate PPE and respiratory protections).
Provide medical services at no cost to the employee (including vaccines at no cost; employee is not required to accept).

Are there any protections for firefighters who are directed to quarantine by their employer for exposure to COVID-19 or other aerosol transmissible diseases?

If precautionary medical removal (quarantine) is recommended, the employer must maintain the removed employee’s earnings, seniority, and all other employee rights and benefits, including rights to their former job status, per the ATD Standard.

These precautionary removal provisions only cover the period of precautionary removal.

Where can I see what workers' compensation presumptions are active?

For more information on active presumptions, please visit CPF’s Firefighter Presumption page HERE.