Virus Liability Shields Can Be Redundant, Making Exceptions Key

Janie Schulman spoke to Bloomberg Law for an article covering liability shield laws designed to protect businesses from COVID-19 lawsuits.

Most lawsuits brought by employees for on-the-job injuries or illness are preempted by workers’ compensation laws, creating a “dual denial” in which a worker who gets sick due to an employer’s negligence can’t pursue damages in court. But according to Janie, state workers’ compensation laws make exceptions, and businesses aren’t sure how many employee suits related to COVID-19 exposure might find their way into court.

“In some states, if the employer acted recklessly or intentionally, the employee could file a civil lawsuit and it’s outside the protection of workers’ compensation,” Janie said.

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