COVID-19 Workplace Illness and Death Claims - Another Concern for Employers as Businesses Resume Operations

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Workers' compensation normally provides the exclusive remedy for employee injuries and occupational diseases that arise in the course and scope of employment. When an employee gets hurt at work, the employer doesn't have to worry about defending a claim that it was negligent in allowing the injury to occur. That is because in workers' compensation, the worker does not have to prove that his employer was at fault to receive benefits. Similarly, when an employee contracts an occupational disease due to the conditions of work performed, the employee can typically only receive workers' compensation benefits, and cannot recover other damages from his employer, such as pain and suffering. And when an employee contracts a cold or flu bug from a co-worker, employers are not normally concerned about liability for such illness, as they are "ordinary diseases of life" which are not covered by workers' compensation in most jurisdictions.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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