US businesses want protections from lawsuits
NEW YORK: Wando Evans, who worked overnight shifts at a Walmart near Chicago, passed away in March from COVID-19. His family blames the company and is suing the retail giant for negligence.
The case, believed to be the first wrongful death lawsuit over coronavirus, comes amid a burgeoning debate in Washington on whether companies need to be shielded from lawsuits from workers as more businesses resume activities. Evans, 51, died two days after he complained of coronavirus-like symptoms and was sent home by his supervisor. Four days later, Evans’ colleague at the store, Phillip Thomas, passed away, according to the complaint.
The suit alleges that Walmart did not properly sanitize its stores, respect social distancing standards or provide workers with masks and other personal protective gear. Walmart is “heartbroken” at the deaths and taking action to protect employees, including additional cleaning measures, installing sneeze guards at registers and limiting the number of customers, a Walmart spokesman said.
“We take this issue seriously and will respond as appropriate with the court.”
On-the-job injuries in the US typically are adjudicated through an administrative worker’s compensation process at the state level that shields employers from liability, although there can be exceptions for negligence. Lindsay Burke, a partner at Covington & Burling focused on employment practice, said companies should follow government guidelines to protect themselves legally as they bring employees back into the workplace.
“We are generally advising employers to resume on-site operations in a voluntary and phased approach with new protocols for health and hygiene,” Burke said. “Employers who fail to follow applicable health and safety recommendations, including increased cleaning measures and adapting social distancing in the workplace, may be subject to claims of negligence or misconduct.”
The US Chamber of Commerce said it favored “providing a safe harbor for companies following CDC or state/local health department guidance could be helpful so long as the companies’ actions do not amount to gross negligence, recklessness, or willful misconduct.” Linda Kelly, general counsel at the National Association of Manufacturers, said the protection should be “limited to critical businesses that operate to serve our country during the crisis, and they should apply only during the emergency and for a ‘wind-down’ period after the declared emergency ends.”
The measures are needed, business organizations say, because health privacy concerns can limit their ability to do contact tracing in the event that an employee is positive for COVID-19. Some companies have also struggled to find sufficient personal protective equipment due to limited supplies.
These arguments have won support from the Trump administration and most Senate Republicans, including Majority Leader Mitch McConnell of Kentucky, who told Fox News Radio that trial lawyers are “sharpening their pencils.” But Senate Democrats have pushed back against broad efforts to shield companies from immunity. Labor unions are also fighting the measures. —AFP