Can You Sue If Contracting COVID-19 at Work?
By: Sean Moore
Tags: Covid 19, Workforce, Employment, Health

By Sean W. Moore

As America begins, its slow-roll to reopening the months-closed economy, displaced, furloughed, and remote workers all share a common thought: is it safe to return to the brick and mortar workplace?

For over two months, the country has turned to the White House Coronavirus Task Force, as well as state and local government leaders for information concerning the treatment, spread, and containment of COVID-19. Now, it is time for employers to step up and provide workers with vision and plans for their workforce.

The top three questions the workforce is concerned about:

When will my job call me back to work?

What will my employer do to protect me from COVID-19?

Is my employer liable if I get infected?

The Grand Opening

Employers must look to the CDC and their local government for detailed guidance on a safe reopening. Employees, you must do your part and come prepared with your safety precautions and remain overly diligent about washing your hands and sanitizing your workspace.

Employers opening too quickly or not following the safety guidelines provided by the CDC can have costly consequences. With the federal government absent at the wheel, each state had to draft its reopening plans. Some states like Georgia have been very aggressive and have allowed the reopening of non-essential businesses, such as nail salons and tattoo parlors, which require close worker/customer contact. While other jurisdictions like Washington, DC, are following health expert recommendations and are not reopening until the data shows evidence at least a 14-day decrease in infection rates.

The COVID Comp

Pre-COVID-19, employees injured while working could file a claim with Workers Compensation for reimbursement of wages and expenses related to that injury. This pandemic transformed some workers into essential employees overnight, and in an unfortunate response, some states and corporations are attempting to shift the burden of workplace infections to Workers Comp to relieve the employer of possible death benefit payments. Illinois became the first state to block these worker protections.

Work to Do

The burden rests on the employee. If the employer has put safety precautions in place and made those precautions known, there is an equal chance you brought it into the workplace and started the spread. Although no plan is perfect, you could have picked the virus up when you stopped to get coffee, get your breakfast, or even pushing the button to get on the building elevator.

Frankly, the coworkers with questionable hygiene pre-shutdown will be the same ones returning to work and offering you the potluck dish they perfected during the quarantine.

Until there is a vaccine — plan appropriately, wash your hands consistently and social distance in the office (even if it’s not mandated). And learn about your workplace rights and coverage.

Your livelihood and life depend on it.

Sean W. Moore is a veteran Human Resources consultant with over two decades of leading the H.R. departments of companies and organizations in both the private and public sectors. A native of New York City, Moore, a member of Profession in Human Resources and the Society for Human Resources Certified Professional, is a co-founder and co-CEO of HRCulture, a consulting and educational platform dedicated to empowering the multi-cultural millennial in the workplace. He is also the President and CEO of Way More Than HR, a Human Resources consulting and outsourcing organization. A Georgetown University Masters graduate.