Are Employers Liable for Take-Home COVID-19 Claims?

This article examines the issue of "take-home" COVID-19 claims, where employees who contracted the virus at work transmit it to their family members at home. It explores the impact of COVID-19 business liability shield laws on these claims and whether workers' compensation laws prevent such claims. The article also discusses whether employers have a duty of care towards employees' family members and explores exceptions to this duty. It references case law on take-home asbestos claims to provide insight into the viability of take-home COVID-19 claims. The courts have generally been hesitant to impose a duty of care on employers, considering factors such as foreseeability, the connection between the employer's actions and the harm, moral blame, and the burden on employers and society. They have also taken into account public policy concerns and the potential for an influx of litigation. Ultimately, the courts have determined that the burden on employers and the broader societal consequences outweigh the compensatory and cost-internalization aspects of negligence liability. [Extracted from the article]