During this confusing time, it is important to stay in-the-know with how COVID-19 is impacting workers’ safety and rights. The Workers Injury Law and Advocacy Group periodically releases updates on how specific industries and states are being impacted by the pandemic. There have recently been various reports of the delayment of workers’ compensation cases across states as well as information about cases in which employers’ negligence have resulted in increased outbreaks of coronavirus that could have been prevented otherwise.
State-Specific Updates
In Georgia, in-person hearings are delayed until May 13th while North Carolina has moved to remote hearings until June 1st. These precautions ensure that a lack of controlling the virus doesn’t result in a prolonged disruption of case settlements in the future. Some states, however, are experiencing more significant repercussions. For example, the Workers’ Compensation Commission’s headquarters in Virginia are currently closed in response to an employee’s positive COVID-19 test and must adjust their operations to function remotely. Although many of the commission’s daily responsibilities are able to be transferred to a remote setting, it adds increased difficulty to managing and settling claims for deserving injured workers.
Employer’s Responsibilities
During this difficult time, it is up to an employer to protect their business and employees from further damage or exposure to illness. Many workers are struggling to make ends meet and often do not have the luxury to choose if they feel comfortable risking exposure to COVID-19. This dynamic places the responsibility in the hands of the employer to ensure that their employees are protected and to mitigate the risk of spreading the virus to their workers or customers. Unfortunately, there have been instances where an employer has not taken the proper precautions which has resulted in an outbreak of COVID-19 amongst employees, thus potentially risking irreparable harm to the company.
Once instance of employer negligence happened in Sioux Falls, SD, which is currently a common location for COVID-19 cases. A reason that there is a large outbreak in this region could actually be traced back to a company’s negligence in establishing preventative measures to decrease the spread of the virus. Smithfield Foods, a large employer in Sioux Falls, incentivized employees to come to work with a $500 “responsibility” bonus. This encouraged workers to avoid taking sick leave in order to receive this compensation. The result? A massive outbreak of COVID-19 at the company due to workers showing up on-the-job when they were showing symptoms of the virus. This has led to over 400 sick workers and even one death.
Cases like these highlight the importance of employees understanding their rights during this time. In order to be informed about your state’s policies and protocol to better protect yourself, you can stay up-to-date on news outlets such as the Workers Injury Law and Advocacy Group or contact a workers’ compensation attorney for advice. At Poirier Law Firm, our main priority is to protect workers during this time and ensure there is no confusion in understanding your rights as an employee. Contact us today if you have any questions or are concerned about a violation of your rights as an employee. We are here for YOU!