You’ve just been informed that an employee who apparently contracted COVID-19 from an exposure in your workplace brought the virus home, and now their spouse, who is in a high-risk category, has contracted the virus and is in the hospital. Do you as the employer face potential liability for the spouse’s illness?
More than two dozen so-called take-home COVID-19 lawsuits have been filed across the country, including against some of the largest employers in the U.S. This alarming pattern has prompted trade groups to warn employers of the potential for lawsuits stemming from COVID-19 infections filed not only by workers’ family and friends, but by anyone infected by that circle of people, creating seemingly endless chains of liability for employers. Some states have enacted laws shielding employers from such suits, but where that is not the case, the legal theories and procedural paths under which these suits have proceeded vary — including some being brought in state courts, some in federal courts, and others brought under claims within the workers’ compensation system.
The issue is currently being tested in California, where the U.S. Court of Appeals for the Ninth Circuit certified questions to the California Supreme Court on April 21, seeking guidance on the state’s laws. The case, Kuciemba v. Victory Woodworks Inc.,[1] arose after Robert Kuciemba allegedly was exposed to COVID-19 through his work at one of his employer’s job sites.
According to Robert Kuciemba and his...
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https://www.natlawreview.com/article/avoiding-endless-liability-take-home-cov...