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| Update on COVID-19 Liability Bills | | | Federal: This measure would give employers protection from lawsuits stemming from workplace coronavirus testing. The measure would cover claims from Dec. 1, 2019 until Oct. 1, 2024. The bill clarifies that when a business provides training, personal protective equipment, or other assistance to an independent contractor or a franchisee's employee, those actions can't be used as evidence of an employer-employee relationship. The proposal also would place a cap on damage awards.
Compensatory damages would be limited to the economic losses incurred as a result of the injury, as long as the harm wasn't a result of "willful misconduct." The employer shield would supersede any local statute or regulation related to personal injury lawsuits stemming from coronavirus exposure, but it wouldn't preempt broader local liability reforms or workers' compensation systems. Businesses also would not be liable for claims related to violations of the Worker Adjustment and Retraining Notification Act, as long as the job loss took place during the pandemic. It will not constitute evidence of a joint employment relationship or employment relationship for any employer to provide or require for an employee of another employer or an independent contractor, any of the following: (1) Coronavirus-related policies, procedures, or training. (2) Personal protective equipment or training for the use of such equipment. (3) Cleaning or disinfecting services or the means for such cleaning or disinfecting. (4) Workplace testing for coronavirus. (5) Temporary assistance due to coronavirus, including financial assistance or other health and safety benefits.
Michigan: This measure creates the COVID-19 Response and Reopening Liability Assurance Act to make changes to liability requirements for COVID-19. This measure applies to providers of qualified products, insurers, as well as businesses and employees that operate premises. This measure states that a person is not liable for a COVID-19 claim that arises from exposure of an individual to COVID-19 on premises owned, leased, managed, or operated by a person, or during an activity managed by a person unless it is shown by clear and convincing evidence that the illness was caused by a reckless disregard of protocols or the person engaged in a deliberate act intended to cause harm.
New Jersey: This measure concerns employment benefits and COVID-19 infections contracted by essential employees. This measure creates a rebuttable presumption that COVID-19 infections contracted by essential employees are work-related for employment benefits provided for work-related injuries and illnesses, including but not limited to, workers' compensation benefits. Further, this measure stipulates that any workers' compensation claims paid as a result of this rebuttable presumption may not be considered when calculating an employer's experience modifier rate, or otherwise affect an employer's insurance premium rate for the employer's workers' compensation policy. The measure defines "essential employee" as: (1) is a public safety worker or first responder, including any fire, police or other emergency responders; (2) is involved in providing medical and other healthcare services, emergency transportation, social services, and other care services, including services provided in health care facilities, residential facilities, or homes; (3) performs functions which involve physical proximity to members of the public and are essential to the public's health, safety, and welfare; or (4) is any other employee deemed an essential employee by the public authority declaring the state of emergency. |
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