Just like every other on the job injury or exposure you will need to let your employer know that you were exposed. This is accomplished by filling out a C1 form and turning it into your supervisor. Be specific as to what you were exposed to and how the exposure occurred.
NRS 616A.265 2(b) states:
(b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his or her employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his or her employment.
(c) Except as otherwise provided in paragraph (d), the exposure to a contagious disease of a police officer or a salaried or volunteer firefighter who was exposed to the contagious disease:
(1) Upon battery by an offender; or
(2) While performing the duties of a police officer or firefighter,
What does this mean? It means is that if you are on a call and you are performing your duties as a police officer, and you come into contact with someone who has COVID, you are exposed. It seems straight forward but there is always room for your department to argue:
• If you were wearing your PPE correctly you weren’t exposed.
• Was the person confirmed to be positive for the contagious disease?
• Were you the only one who was present and interacting with the subject?
There are numerous answers to these questions, it is best practice to always be honest and provide the answers to the best of your ability. It is a good idea to limit your answers to just addressing the question as presented. Do not give your adjuster an excuse to deny your claim.
They may try to say something like, if you were wearing your PPE correctly you weren’t exposed. The truth is that Nevada is a no-fault workers compensation system. That means that even if you were told to wear PPE and didn’t, it is still a workers compensation claim.
Even if you were wearing all your PPE as directed by your employer you also may have experienced any of the following:
• Your PPE was dislodged or damaged during the call.
• If you had a physical altercation, your PPE was compromised.
• Or any other explanation that shows your PPE may have been compromised.
Was the patient confirmed to be positive for the contagious disease?
The testing process at the hospitals and the information storage and tracking at the health district are not as robust as they were in the beginning of the pandemic. There may be no “official” confirmation of the patients COVID status that you are treating. To protect yourself and your squad, keep the following in mind.
- Your documentation is critical at this point
- Your report needs to reflect the symptoms or admissions that the patient made during your interaction that shows they were positive for the disease.
- Your report is a legal document and the information you put in it may be the only proof that you have of the patient’s status
Were you the only one who was interacting with the subject?
- Remember your code 9 (back up)!
- If you have a known contagious subject, it would be best practice to send in only the necessary personal but frequently the hazard isn’t known until it’s too late and officers have already made contact.
- Exposure time is shorter than you think
- Reporting is also important at this point. Within your report make note of all interactions made and by whom. This will help assist in illustrating who was on the call, what they were doing and if they were indeed exposed during the call.
The Center for Disease Control defines close contact as:
Close Contact through proximity and duration of exposure: Someone who was less than 6 feet away from infected person (laboratory-confirmed or a clinical diagnosis) for a cumulative total of 15 minutes or more over a 24-hour period (for example, three individual 5-minute exposures for a total of 15 minutes). An infected person can spread SARS-CoV-2 starting from 2 days before they have any symptoms (or, for asymptomatic people, 2 days before the positive specimen collection date), until they meet the criteria for ending isolation. (1)
With this definition as provided by the CDC, it is reasonable to believe that every officer interacting with a positive subject is exposed. To protect yourself and other officers, it is important to follow these steps with every exposure to contagious diseases, including COVID 19.
After Exposure
After you have been exposed and have reported the exposure to your supervisor, your C1 form will be sent up the chain of command who should forward it to the work comp insurer.
If you do develop symptoms, the CDC states:
People with COVID-19 have had a wide range of symptoms reported – ranging from mild symptoms to severe illness. Symptoms may appear 2-14 days after exposure to the virus. Anyone can have mild to severe symptoms. People with these symptoms may have COVID-19:
• Fever or chills
• Cough
• Shortness of breath or difficulty breathing
• Fatigue
• Muscle or body aches
• Headache
• New loss of taste or smell
• Sore throat
• Congestion or runny nose
• Nausea or vomiting
• Diarrhea
This list does not include all possible symptoms. CDC will continue to update this list as we learn more about COVID-19. Older adults and people who have severe underlying medical conditions like heart or lung disease or diabetes seem to be at higher risk for developing more serious complications from COVID-19 illness. (2)
With the above information the CDC states that you may develop symptoms between 2- and 14-days post exposure. If you do not get ill or present with any COVID related symptoms within 14 days of your reported exposure, your previously submitted C1 and associated exposure may not be used as a baseline for your future claims.
If you do get sick or develop any symptoms you believe are COVID related, you need to get tested. Go to the facility your employer recommends and make sure to have the provider fill out a C4 form as well as any additional paperwork required from your employer indicating your work status. If you do test positive you will need to be taken off duty and placed in an off-duty status by the provider, the provider can be an MD, DO, PA-C, APRN or DC. (3)
The CDC has updated the isolation and quarantine period for the general population with a news release dated 12/27/2021. It can be found here: https://www.cdc.gov/media/releases/2021/s1227-isolation-quarantine-guidance.html
What it says is that if you test positive for COVID-19 you need to stay at home for 5 days. If you are fever free with no other associated symptom you can leave your house, you need to continue wearing a mask around others for 5 additional days. (4)
If you have a positive test result and you have submitted a C4 for your exposure. Your claim should be accepted. Your time off and all medical treatments should be covered by your employer through their workers compensation program.
If there is no proof, or if the timelines do not line up with your reported exposure, your claim will most likely be denied and you will be charged with your own sick leave to cover your time off.
Best practice to protect yourself and your benefits is to ensure that you document all exposures and follow up for medical treatment or testing if you develop any symptoms.
- https://www.cdc.gov/coronavirus/2019-ncov/php/contact-tracing/contact-tracing-plan/appendix.html#contact
- https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html
- NRS 616C.005 as amended by SB 285 in 2021
- The CDC link to firefighters and EMS workers has been archived by the CDC and is not updated with the most current information. The most current isolation recommendations are found in the current news release dated 12/27/2021 and is the most relevant information pertaining to isolation after a positive test.