The early round of liability lawsuits filed against employers are focused on whether employers followed state and federal guidance for combatting the virus’ spread, such as the use of face masks and physical distancing. According to the experts, employers who failed to adhere to the guidance could potentially be found liable in court if their employees contract the coronavirus.
Major employers nationwide are facing a wave of lawsuits filed by workers claiming they contracted the novel coronavirus as a result of their employer’s negligence—a trend that’s sparking debate over whether Congress should grant businesses liability protections during the epidemic. According to the Wall Street Journal, employers are “rarely … found liable for employee deaths tied to the workplace” because there’s a high legal bar for finding fault and because states frequently limit such complaints to employee compensation systems. But legal experts say the coronavirus epidemic could reverse that trend, because the early round of liability lawsuits filed against employers are focused on whether employers followed state and federal guidance for combatting the virus’ spread, such as the use of face masks and physical distancing. According to the experts, employers who failed to adhere to the guidance potentially could be found liable in court if their employees contract the coronavirus.
Employers require liability waivers as conflict mounts over workplace safety
Many employees, mostly lower-wage and minority workers in essential jobs, are calling lawyers to complain about the waivers. “These are illegal agreements that are totally unfair to workers,” says a San Francisco lawyer.
As employers across the country ask employees to return to the workplace, some are requiring employees to sign waivers, employment lawyers say, according to a report by TruthOut. Many employees, mostly lower-wage and minority workers in essential jobs, are calling lawyers to complain about the waivers. “These are illegal agreements that are totally unfair to workers,” said Christian Schreiber, a San Francisco lawyer. California last year passed a law, AB-51, prohibiting employers from requiring employees or job applicants to sign away their right to pursue legal claims or benefits under state law. The law, which also prohibits firing any employee for refusing to sign, is being challenged in court by business groups. Only a few employers have forced employees to sign liability waivers, at least partly because these waivers likely would be held unenforceable by courts, lawyers who represent employers say.
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