Potential costs of an unsafe workplace in the era of COVID-19

As the Centers for Disease Control and Prevention (CDC) and the Occupation Safety and Health Administration (OSHA) continue to update and modify their recommendations for best practices and their mandates for safe workplaces related to the COVID-19 pandemic, it may feel like a daunting task to keep up not only with the changes but to actually enforce the new safety procedures in the workplace. Failure to follow the rules, however, could lead to both a sick workforce and some expensive consequences for employers. In addition to state and federal enforcement of workplace safety requirements, employers may also open themselves up to private “enforcement” through workers’ compensation actions and wrongful death and personal injury claims filed by individual employees or their survivors. At this point, the ball is already rolling for employment litigation related to COVID-19 and allegedly unsafe workplaces, and we can safely assume it will only pick up speed.

Patient zero

One of the first cases to garner attention is a wrongful death suit filed against Walmart in an Illinois state court in April.

Wando Evans worked as an associate at a Walmart store in Evergreen Park, Illinois. He died of complications related to COVID-19 on March 25, and his estate filed suit on April 1, less than two weeks later.