Of Counsel Mark Neuberger was quoted in the SHRM article, “Prepare for Wide Range of COVID-Related Lawsuits,” about the expected wave of lawsuits businesses may face as a result of the COVID-19 pandemic. The claims may range from those for gross negligence to wage and hour oversights to discrimination.
“If an employee has died from coronavirus, employers should be prepared for employee relations and public relations challenges along with legal ones, “ said Neuberger.
Neuberger also discussed the nuances of workers’ comp laws in states. "If workers' comp applies, then the employee and their heirs are generally prevented from suing in tort for such things as wrongful death, pain and suffering, and loss of consortium," he said. "But most states have an exception to the prohibition of suing the employer when there is gross or willful negligence. In the COVID-19 wrongful-death suits that have been reported in the media, it appears the families are in fact alleging gross or willful negligence."