COVID-19 Response – Compulsory COVID-19 Vaccination – Adverse Reactions Cost Relief
ADM POL 07/2021

Effective date: December 1, 2020

Application: Applies to injuries caused by an adverse reaction to a compulsory COVID-19 vaccination with injury dates December 1, 2020 to December 31, 2022 inclusive.

Policy subject: COVID-19

Purpose:

To provide cost relief to employers who have implemented compulsory COVID-19 vaccinations as a requirement of employment.

END DATE

December 31, 2022

BACKGROUND

  1. Section 145 of The Workers’ Compensation Act, 2013 authorizes the Workers’ Compensation Board (WCB) to establish reserves to meet losses from any disaster or other circumstances where the liability would, in the opinion of the Board, unfairly burden employers.
  2. To help prevent the spread of COVID-19, employers may implement proof of vaccination or negative COVID-19 test requirements for their workers.

POLICY

  1. If an employer requires a worker to be vaccinated and, as a result of an adverse reaction to the vaccination, the worker is medically required to be absent from employment, the WCB will consider the reaction and its consequences to be compensable (POL and PRO 02/2010, Injuries – Communicable Diseases and PRO 08/2021, Communicable Diseases – Adverse Reaction to Immunization).
  2. Where an injury caused by an adverse reaction to a compulsory COVID-19 vaccination is determined by the WCB to have arisen out of and the in course of employment, the employer will be provided with total cost relief.
    1. A pre-existing condition does not have to be evident.
    2. All claims costs will be charged to WCB’s Second Injury and Re-Employment Reserve (POL and PRO 03/2021).
  3. If the employer qualifies for cost relief for an injury caused by an adverse reaction to a COVID-19 vaccination, Operations staff will notify the employer verbally and in writing.
  4. If an employer receives cost relief, a credit is applied to the employer’s experience (POL 27/2016, Experience Rating Program – Discounts or Surcharges).

Legislative Authority

The Workers’ Compensation Act, 2013
Sections 19, 20, 51, 52, 145

The Saskatchewan Employment Act

The Public Employers’ COVID-19 Emergency Regulations

The Employers’ COVID-19 Emergency Regulations

Document History

(1)    n/a; new administrative policy that applies to injuries caused by an adverse reaction to a compulsory COVID-19 vaccination with injury dates December 1, 2020 to December 31, 2022 inclusive. COVID-19 vaccines became available in Saskatchewan in December 2020.

(2)    Through ADM POL 04/2020, WCB provided cost relief March 2, 2020 to December 31, 2021, to employers for COVID-19 injury claims determined to have arisen out of and in the course of employment.

Complements

POL 02/2010 Injuries – Communicable Diseases
PRO 02/2010 Injuries – Communicable Diseases
PRO 08/2021 Communicable Diseases – Adverse Reaction to Immunization
POL 07/2021 Arising Out Of and In the Course of Employment
POL 03/2021 Second Injury and Re-Employment Reserve
POL 27/2016 Experience Rating Program – Discounts or Surcharges