Biomedical Engineering Reference
In-Depth Information
most likely will occur among first respon-
ders, law enforcement, and healthcare workers.
Emotional distress due to fear of exposure
generally is compensable under these rules. In
an emergency, healthcare workers may expe-
rience injuries while rendering aid during the
crisis. Workers' compensation also may be
available for such injuries, depending on the
activity causing the injury and the worker's
job duties during the emergency. Where the
injury involves a disease for which a vaccine
or medication is available, the application
of worker's compensation may depend on
whether the person undertakes voluntary vacci-
nations or medical treatment. Finally, because
workers'-compensation laws vary significantly
among the states, it is necessary to consult the
workers'-compensation laws of the jurisdiction
in question.
a. Has the organization reviewed workers'-
compensation statutes and regulations for
the appropriate jurisdiction?
b. Has the organization identified the poten-
tial liability for injuries, medical expenses,
retirement benefits, and disability benefits
incurred by the participation of employees
and volunteers during an emergency?
c. Has the organization determined whether
other federal or state benefit programs
may apply or, alternatively, may bar
submission of a claim (e.g., if state laws
constitute an exclusive remedy) regarding
certain disaster or disaster-preparedness
situations?
d. Has the applicable jurisdiction(s) estab-
lished any compensation programs specific
for certain activities (e.g., vaccination),
and is coverage different for employees as
opposed to volunteers?
e. Does a “no-fault” compensation program
apply?
f. Has the organization identified the avail-
ability of workers' compensation and/or
other forms of financial support for persons
unable to return to work because of an
isolation/quarantine order?
g. How will the organization address any
potential legal liability for implementing
“working” quarantine policies for essential
service personnel?
h. If an employee is quarantined, but is
asymptomatic, is the employee entitled to
compensation for the time spent in quar-
antine?
i. Is the institution prepared for workers'-
compensation claims, which may be filed
months or years after the actual emergency
event, claiming that the event and the event
response negatively affected employees'
physical or psychological health?
3.
Other Compensation and Wage/Hour Issues
.
Similar to other employers, healthcare insti-
tutions are subject to federal regulations
that pertain to employee compensation and
hours.
26
In addition, organizations must
comply with specific labor, compensation, and
general employment laws relating to health-
care workers. For example, some states have
enacted measures banning mandatory overtime
for nurses and other healthcare professionals.
27
Meeting these obligations could present a
significant challenge in the face of a major
public health emergency, involving a redefini-
tion of the work day, work week, and/or over-
time. Some states are considering mandating
the continuation of wages if employees are
kept from work due to isolation or quaran-
tine (policies that might be considered akin
26
Please
see
discussion regarding the Fair Labor Standards Act in Section III(F)(5) of this
Checklist
, which is the text accompanying
notes 42-43.
27
See
Ann E. Rogers et al.,
The Working Hours of Hospital Staff Nurses and Patient Safety
,23Health Aff. 202, 203 (2004); Me.
Rev. Stat. Ann. tit. 26, § 6035 (2003) (stating that any nurse “who is mandated to work more than 12 consecutive hours” in the
event of an unforeseen emergent circumstance “must be allowed as least 10 consecutive hours of off-duty time immediately following
the worked overtime”);
see also
Or. Rev. Stat. § 441166 (2003); N.J. Stat. Ann.§3411-56a34 (2004).
