Virus-Stricken Workers Face High Hurdles When Suing Employers

Lindsay Burke and Carolyn Rashby spoke with Bloomberg Law about the uphill battle employees who contract COVID-19 on the job may face if they choose to sue their employer.

Ms. Burke says, “We’re in territory we haven’t seen before. We are looking at a whole lot of different legal risks and issues. It’s not clear how they will play out. Traditionally an illness you can catch anywhere isn’t something you can hold your employer liable for.” Not complying with this guidance could rob employers of a defense to keep cases out of court through workers’ compensation, she adds.

Ms. Rashby says that each state offers its own standards for getting around workers’ compensation claims. “There will be a lot of employees who aren’t able to return to work or unwilling to return because they are at a higher risk,” she adds.