As the world grapples with the COVID-19 coronavirus pandemic, employers face a number of challenges. One of these challenges is keeping employees and customers safe. This is a daunting task, particularly in light of everchanging guidelines from federal, state and local governmental agencies. As the Trump administration issues new guidelines for opening up America, businesses of all shapes and sizes are trying to figure out how to safely operate in this “new normal” and what to expect in the months ahead.
COVID-19 is sure to bring a wave of future litigation on a variety of topics, including contract disputes, insurance coverage, landlord-tenant issues, medical malpractice, labor issues, etc. For Texas employers who opt out of workers’ compensation, there is a legitimate concern that work injury lawsuits alleging COVID-19 exposure will spike. More than 3,000 complaints have reportedly been filed with the Occupational Safety & Health Administration (OSHA) alleging workers were exposed to COVID-19 in the workplace. This article addresses the risk of future COVID-19 work injury litigation and evaluates the types of legal claims employers are likely to face and the potential viability of such claims under Texas law. At the end of the article, there is a checklist for employers to consider that may reduce their potential liability exposure.
