NH employees face tall task proving they caught COVID-19 at work

June 2020 employment law letter

Authors:

James P. Harris, Sheehan Phinney Bass & Green PA

Will New Hampshire employers be liable to employees who contract COVID-19 on the job? Governor Chris Sununu’s economic reopening task force recently posed the question to Attorney General Gordon J. MacDonald. Employers will be pleased with his two key conclusions.

First, no lawsuits

First, under the existing workers’ compensation system, New Hampshire employees may not sue employers for personal injuries sustained while working. Essentially, this means employees who contract COVID-19 on the job cannot sue their employers in court.

Rather than file a lawsuit, coronavirus-infected employees may seek compensation through the state’s system for lost wages and medical benefits. Spouses of deceased employees can seek death benefits through the same process. For employers, the attorney general’s first conclusion is largely good news because they won’t have to incur defense costs and endure long, drawn-out court litigation.

In practical terms, if an employee contracts the virus as a result of employment, here is what happens:

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