Workers’ Comp, Negligence, and COVID-19

COVID-19 has brought new issues and questions to light when it comes to employment law. Do employers have a duty to protect their employees from viral diseases such as COVID-19? When it comes to employment law, one typically can recover under workers’ compensation. But the Workers’ Compensation Act limits the amount of damages employees can recover from employers—even when these damages are often not enough. In their December 2020 Illinois Bar Journal article, “Workers’ Comp, Negligence, and COVID-19,” past ISBA President Hon. Russell W. Hartigan (ret.) and Sarah Norkus examine how Illinois courts have held that employers must provide employees with a reasonably safe place in which to work and use reasonable care to provide for their employees’ safety. However, relying upon the Act to collect COVID-19-related damages will not be easy. And other routes may be worth pursuing when seeking negligence-related injuries on the job before moving ahead with a workers’ compensation claim.

Read more in the December issue of the Illinois Bar Journal.