Exclusive Remedy Defense Trending in COVID-19 Litigation

Employer defendants in more than half of the COVID-19 injury or wrongful death lawsuits being tracked by the National Council on Compensation Insurance argue that the workers compensation exclusive remedy provisions in state laws bar such litigation.

Legal experts say litigation in which a worker or a surviving family member sues an employer over a COVID-19 infection or death is likely to continue as courts continue to reopen.

‘The covid litigation logjam broke in the spring,’ said Carin Burford, Birmingham, Alabama-based shareholder with Ogletree, Deakins, Nash, Smoak & Stewart P.C., adding that lawsuits are likely to pile up.

In a report issued June 11, Boca Raton, Florida-based NCCI detailed 18 cases involving employers nationwide that are facing allegations such as unsafe working conditions and failure to follow federal and local COVID-19 safety guidance.