Minimizing the risk of COVID-19 infection lawsuits filed by employees

As Americans continue living in an unprecedented era of quarantining, many employees aren't quarantining at all. Workers in big-box retail shops, warehouses, grocery stores, and more are all still powering the economy as "essential employees," and they are still physically interact-ing with other people throughout the day. They can't be asked to work from home—their safety requires different solutions. And where there is a dispute over safety, litigation is sure to follow. What does that mean for employers, and how will workers' compensation interact with social dis-tancing? We are all going to find out—litigation over COVID-19 deaths has already begun.

Employer blamed for COVID-19-related death

In Illinois, a retail worker died of complications from COVID-19. In a new lawsuit—apparently the first of its kind—his lawyers blame the death on the employer's failure to follow social-distancing guidelines.

The lawsuit faults the employer for allegedly not doing enough to clean and sterilize the workplace, not providing protective equipment for staff, and not providing adequate warnings. Similar lawsuits will proliferate in the months to come.

Why workers' comp may not cover all complaints