Companies that address federal and state worker safety obligations could see fewer claims and fare better in litigation.

During a pandemic, the transmission of infectious disease can be anticipated not only in healthcare settings but also in many types of workplaces. Given the likelihood of potential COVID-19 exposure across numerous industries, every employer should understand the obligations for workplace safety imposed on them by federal and state occupational health and safety laws, and develop an infectious disease preparedness and response plan that addresses the levels of risk associated with worksites and the job tasks workers perform at those sites.

Employers that plan for and respond to these risks may experience fewer worker illnesses, lower absenteeism, less business disruption, fewer workers’ compensation claims and better defenses to potential litigation arising from alleged negligent exposure to COVID-19.

Finally, all organizations should be aware of the risks of civil liability for exposing members of the general public, as well as their family members, to COVID-19 and should establish reasonable protocols and procedures to minimize such risks, as discussed in Part 2 of this series. The first such lawsuit was filed on April 6, 2020, in Illinois state court against Walmart by the family of an employee who died after contracting COVID-19 at work. [Read More @ Property Casualty 360]