In an article published by the Society for Human Resource Management (SHRM), Michael Kantor, a partner in the firm’s Labor & Employment Division, comments on potential liabilities employers face in keeping offices or worksites open despite the rising number of coronavirus cases.
“To the extent that COVID-19 is considered an occupational injury or illness covered by workers’ compensation statutes, any tort claim, such as wrongful death, for compensatory damages is likely to be barred,” said Michael.
He added that “employees are likely to seek creative approaches in an effort to circumvent the workers’ compensation bar on such claims.”
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