Envista Forensics

How COVID-19 Presumption Laws Could Spell Rising Litigation For Workers’ Comp

 Tuesday, August 25, 2020

 Risk & Insurance

The COVID-19 pandemic shows no signs of slowing, with infection resurgences apparent in southern and midwestern states and economic losses affecting virtually every part of the global economy.

Concurrent with these big picture concerns, employers are tasked with the protection of employees from COVID-19 related risks as per the OSHA General Duty Clause and local directives.

As the crisis evolves, employers should be aware of the legal entanglements that could arise, ranging from disputed compensability to the obligation to maintain safe workplaces.

Steve Davis, One Call’s chief legal officer, anticipates a rise in workers’ comp claims around the corner. “We’re going to see a number of workers’ compensation claims arising out of COVID,” he said.

“I think that we’ll see it primarily in first responders and frontline workers in health care. That will be the first couple of waves. From there, you’ll start to see compensability challenges in the retail and the restaurant sector.”
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