FAIRFAX COUNTY, Va. — The union representing Fairfax County firefighters says that its members are entitled to workers' compensation if they have been exposed to COVID-19 while on the job, but alleges members' claims are being denied.
"All we want is what our members have earned," Ron Kuley, president of Fairfax County Professional Firefighters and Paramedic -IAFF LOCAL 2068, said. “I think 20 have been denied workers’ compensability because of on-duty peer-to-peer exposure."
Kuley said, adding that the denials are problematic given the nature of work and contact with the public. He said some members are also having their sick leave drained in order to comply with mandatory quarantine requirements when they’re exposed to COVID-19.
A complaint provided to WUSA 9, from Kuley, claimed a member of the union had requested the use of emergency paid sick leave—in compliance with department policy— for their mandatory quarantine but was instead required to use sick leave. b
“This is called a pandemic for a reason and when we have an outbreak in the firehouse and we have a high-risk exposure, we expect them to provide the leave that they need while they are ordered to be quarantined,” Kuley said.
Virginia state law says workers’ compensation claims are compensable after an investigation finds “clear and convincing” evidence that the disease exists as a result or in the scope of employment.
A spokesperson with Fairfax County told WUSA 9 that the county received 59 workers’ compensation claims related to COVID-19. Of those claims, 40 were from the Fire and Rescue Department. Of that 40, 14 department claims were approved and benefits provided.
The spokesperson said 26 claims were denied because contact tracing could not confirm a link between the workplace and exposure and added the majority involved potential exposure and no documented positive test for COVID-19.
“When a county employee tests positive or has a potential exposure, we have protocols that identify the source and offer support options," Fairfax County Board of Supervisors Charmain Jeffrey McKay said in a statement to WUSA9 "Since the pandemic began, our Board has been ensuring flexible leave options exist for our employees. Access to that leave is complicated by a number of factors, including state code provisions. We’re continually evaluating our budget situation in these very uncertain times and will have another conversation in January when we can consider such things as hazard pay for select employees, within the parameters and timeline of the CARES Act.”
The union said it believes contract tracing is not an exact science and the county should assume “all workers got COVID while on the job."
There is an appeal process for those that have been denied, but the union said it only adds unnecessary stress on its members.