Can Liability Insurance Protect Employers from COVID Lawsuits?
Since the start of the pandemic, employers have been worried about COVID lawsuits. What if an employee gets sick at work and tries to blame their employer? Do they have the right to sue the employer? How would a court be able to prove that it was the employers’ fault, anyway? If you have employees and you’re stressing out about possible legal action, learn the answer to “Can liability insurance protect employers from COVID lawsuits?” Also, make sure you speak with a business attorney to guide you on this issue.
Do you need experienced and effective representation to assist you with employee issues you’re experiencing? Then get in touch with Robin D. Perry. The Law Offices of Robin D. Perry & Associates provide vigorous representation to clients and are a goal-oriented and values-driven firm. We develop creative strategies to win every case, every time and are confident we can help you with your business contract. Reach out to us today to schedule your consultation.
COVID Liability Issues in the Workplace
When the COVID-19 pandemic started, employers and insurers were left scrambling. They had never dealt with a pandemic before and didn’t know what kinds of issues could arise.
Employees who felt that their workplaces had not taken the virus seriously, and who allegedly experienced sickness because of it, sued their employers. For instance, in California, a See’s Candies worker sued her employer because she said she got sick in the workplace and then gave COVID to her husband, who ended up passing away from it.
While See’s Candies tried to dismiss the lawsuit, California Court of Appeal, Second Appellate District, rejected the company’s claim that the worker should file for workers’ comp instead of seeking damages. The Court ruled that the worker’s husband’s death was “derivative” of her workplace injury.
A number of states have brought about shield laws to protect employers from COVID-19 claims, but not California. This means that employers are vulnerable to “take-home” COVID claims, where employees say they got COVID in the workplace and then took it home and passed it onto someone inadvertently in their household.
Will Liability Insurance Protect Your Business From COVID Claims?
Unfortunately, usually, general commercial liability insurance isn’t going to protect your business from COVID claims. If you get sued because of a COVID issue in the workplace, you likely won’t be able to rely on your liability insurance to cover you. However, it’s worth it to call your insurance provider and see if there are any exceptions.
Is It Worth It to Get Liability Insurance Anyway?
Businesses should absolutely get commercial general liability insurance to protect themselves in case other accidents occur in the workplace. For instance, if a client or a visitor gets injured at your place of business, you can turn to your liability insurance to hopefully cover that claim.
CGL will also protect you against claims that are related to advertising, slander, damage to a reputation, and rights infringement.
Your CGL insurance should cover property damage, too. If your operations or your product damages another person’s or business’ property, then you should be covered.
Will Workers’ Comp Cover COVID-19 Claims?
If an employee got sick at work, then they can access workers’ comp coverage. This should cover you in case your employee wants to take some sort of legal action. But just know that this is not guaranteed, and you could still be susceptible to a lawsuit for damages.
Protecting Workers From Getting Sick
There is a reasonable duty of care that employers need to uphold in order to keep their workers safe. This includes utilizing policies like:
- Encouraging employees to wear masks and get vaccinated
- Telling employees to get tested if they have been exposed to COVID
- Socially distancing in the workplace
- Providing hand sanitizer
- Placing anti-bacterial hand soap in the bathrooms
- Giving paid sick leave so employees don’t feel pressured to come into work when they’re sick
- Allowing for remote work
- Cleaning and sanitizing the workspace frequently
- Offering time off for testing
- Open the windows if it’s warm outside
- Provide outdoor spaces where employees can work
Employers can go the extra mile by having thermometers, masks, and test kits on hand to help employees as well.
Businesses also need to communicate to employees the importance of staying healthy and not coming into work if they are sick. Making employees come in while they’re sick and not providing proper paid sick leave could result in illness around the workplace as well as low employee morale.
What Should You Do If an Employee Brings About a COVID-19 Claim?
If an employee tells you they think they got COVID-19 in your workplace, then you should advise them to file a claim with your workers’ comp insurance. Make sure you show them exactly how to go about it. If you don’t want to show them or you don’t have workers’ comp insurance, you could get into trouble.
Let’s say workers’ comp is refusing to cover the illness, and your employee wants to take further legal action. In this case, it’s best to get in touch with a business attorney right away. They will be able to figure out how to defend against the claim and hopefully get the lawsuit thrown out. They will work hard on your business’ behalf.
When looking for a business attorney, seek out one who has ample experience assisting business owners with similar issues. They should be well versed in employee lawsuits and claims.
Additionally, if you are just starting a business or you are hiring your first employees, you should speak with a business attorney about best employee practices. These could be related to COVID as well as employee issues in general. A business attorney can assist you with getting the right paperwork in place, following OSHA laws, getting the right workers’ comp and liability coverage, and so much more.
Get in Touch With Robin D. Perry & Associates
If you need help with protecting your business from COVID lawsuits or dealing with any sort of employee issues, it’s time to get in touch with the Law Offices of Robin D. Perry & Associates today. No matter what, we will fight on your behalf during your time of need. Call us at 562-216-2944 or contact us on our website to schedule your consult today.
Attorney Robin D. Perry has been part of the Long Beach Community for over 25 years handling business litigation, employment litigation and advising, criminal defense, personal injury and code enforcement defense for businesses.
