Workers Comp

CT
Chuck Thompson
Tue, May 12, 2020 7:56 PM

On the call today I was interested in the discussion of workers comp issues. A couple of questions:

  1. If your state has workers comp and as a result prohibits suits by employees against the employer;
    *  Would there be a huge worker's comp risk should employees get covid19?

                                                   i.      Because most offer paid leave that offsets benefits, offer medical insurance that offsets benefits and offer death benefits that offset benefits so would not the WC risk be incrementally small?
    
                                                 ii.      Or would the benefits in your state be substantially more than your offsets?
    
                                               iii.      I'm assuming death is not the likely norm and risk would be under 2% or so, since your workforce will likely be made up of younger people than the folks my age who are at risk.
    
 *   Is the WC risk one that is manageable or one to which the federal immunity will apply?
  1. Does your state allow employees to sue the employer despite WC in place and if so, must they choose the remedy?
    *  If a tort action is available, what are the damages in excess of the offsets you're already paying for and do you see a jury accepting an argument that getting sick on the job a high damage tort?  Again, if there's a death or serious long term disability, that could be an issue.
    Any thoughts you'd be willing to share?

[photo]

Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

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On the call today I was interested in the discussion of workers comp issues. A couple of questions: 1. If your state has workers comp and as a result prohibits suits by employees against the employer; * Would there be a huge worker's comp risk should employees get covid19? i. Because most offer paid leave that offsets benefits, offer medical insurance that offsets benefits and offer death benefits that offset benefits so would not the WC risk be incrementally small? ii. Or would the benefits in your state be substantially more than your offsets? iii. I'm assuming death is not the likely norm and risk would be under 2% or so, since your workforce will likely be made up of younger people than the folks my age who are at risk. * Is the WC risk one that is manageable or one to which the federal immunity will apply? 1. Does your state allow employees to sue the employer despite WC in place and if so, must they choose the remedy? * If a tort action is available, what are the damages in excess of the offsets you're already paying for and do you see a jury accepting an argument that getting sick on the job a high damage tort? Again, if there's a death or serious long term disability, that could be an issue. Any thoughts you'd be willing to share? [photo] Charles W. Thompson, Jr. Executive Director/General Counsel International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image003.jpg@01D62875.37A20CE0]<http://www.facebook.com/IMLA-259977855541/> [cid:image004.jpg@01D62875.37A20CE0] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image005.jpg@01D62875.37A20CE0] <http://twitter.com/imlalegal> [cid:image006.jpg@01D62875.37A20CE0] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M (240)-876-6790 Direct (202)-742-1016 W www.imla.org<http://www.imla.org> Plan Ahead! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA! IMLA's 2021 Mid-Year Seminar<https://imla.org/events/seminars>, April 23-26, 2021 in Washington, DC!