If you have been paying attention to COVID-19 news and legislation, you will have heard about the new bill passed by Governor Kemp titled “Georgia COVID-19 Pandemic Business Safety Act”. This legislation is designed to protect healthcare facilities and businesses from any liability related to COVID-19. Although this could be beneficial for many businesses who may have been uneasy about reopening their doors, it creates a potentially extremely dangerous situation for customers and workers who could be exposed to the virus. Understanding the implications of this new law is important as both a consumer and an employee in Georgia.
Georgia COVID-19 Pandemic Business Safety Act
In order to understand the impact of this law, it is essential to define what is considered a liability claim under COVID-19. This act protects businesses from a wide variety of lawsuits that could have been brought against them in relation to COVID-19. Now, in the majority of instances, liability is lifted from the company in the following scenarios:
- Spread of the virus
- Exposure to the virus
- Contraction of the virus
This puts the liability and responsibility of risking exposure to the virus on the customer, protecting the business from any lawsuit in the event that COVID-19 is present within the establishment. The risk is now assumed to be taken by the customer before interacting with the company, meaning you revoke your rights to sue if you contract COVID-19 from a business.
There is an exception to the act when a company’s gross negligence or intentional misconduct directly results in the spread of COVID-19 amongst customers. As an employee, you may be wondering how this could impact your eligibility for filing a workers’ compensation claim if you contract the virus at work. Rest assured, you may still file a workers’ compensation claim if you can prove that your job responsibilities directly resulted in your infection. However, now more than ever, coronavirus cases remain very state and fact specific as to compensability. Although the current legal and regulatory environment favors the protection of business owners, at Poirier Law Firm, we will fight as much as possible to get your case accepted. Contact us today for more information about how the Georgia COVID-19 Pandemic Business Safety Act could impact you as a worker and to ensure you fully understand your rights during this time.