Sometimes difficult to tell how someone got sick. Many viruses are airborne or live on surfaces for an extended period of time. Who can tell where someone was exposed – at a friend’s house, at the grocery store, or in the workplace? When employees do pick up COVID-19 at work, there’s a real possibility they will take COVID-19 home to their loved ones. If so, who is responsible: the employer or the employee?
COVID-19 Transmission
Some experts disagree on exactly how we pass coronavirus from person to person. However, the Food and Drug Administration (FDA) says:
“COVID-19 is through to spread mainly through close contact from person-to-person. Some people without symptoms may be able to spread the virus. We are still learning about how the virus spreads and the severity of illness it causes.”
The Centers for Disease Control and Prevention (CDC) notes that COVID-19 can be “spread by airborne transmission.” It also notes that COVID-19 has been transmitted between people in enclosed spaces with inadequate ventilation. However, it is less likely that people are exposed by contact with contaminated surfaces.
Showing the Link Between Work and COVID Could Be Challenging
We can be exposed through close contact with an infected person who does not show symptoms. If that’s the case, then how can an employer be held responsible for sick employees who take COVID-19 home?
Generally, infected workers would have to prove they were infected at work. This may involve showing that an employer disregarded public health guidance by failing to set up safety measures. Cleaning more frequently, sending employees home when they are ill, and providing safety equipment shows concern for employee wellbeing. It also may go a long way toward proving that you were not negligent about protecting your employee’s health.
Protect Your Company from Liability When Workers Take COVID-19 Home
Follow all precautions set out by the CDC and by the Florida Department of Health. If you have any questions or concerns about how the legal aspects of COVID-19 affect your business, please contact us.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.