Bracing for COVID-19 exposure and legal liability in Maine

On August 3, the Wall Street Journal reported on a recent wave of COVID-19 litigation against employers for allegedly failing to protect employees from the virus at work. In an effort to minimize employers’ exposure to the costly litigation, Republican senators recently introduced the Safe to Work Act (SWA), which would shield many organizations from “coronavirus-related” legal actions, particularly with respect to claims alleging exposure to the contagion.

It’s much too soon to predict where courts will land in various COVID-19 lawsuits against employers or to say if Congress will pass the SWA. In the meantime, it’s important for Maine employers to review their risks and potential liabilities under state law as it pertains to employees contracting the coronavirus in the workplace.

How the SWA would work

Individuals filing COVID-19 lawsuits against employers would have to meet a high bar to prove their case under the SWA. And even if they were successful in court, their damages would be significantly limited.

The SWA would limit an employer’s liability if it: