What To Do If Your Employer Isn’t Following Local COVID-19 Orders
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Even those who aren’t willing to get vaccinated are ready for life to get back to normal. Businesses are prepared to re-open their doors, ditch the mask requirements, and say goodbye to social distancing. Despite that, many states still have local COVID restrictions in place. Is your employer taking heed of the government’s advice? Are they taking the steps they need to take to ensure you’re safe?
Local COVID Restrictions and Your Employer’s Legal Duty
By law, your employer has a legal obligation to provide for the safety of their employees. They must be sure that working conditions are safe and free from hazards. These safe working conditions aren’t only limited to your physical office, either. The legal obligation extends to include off-site working areas and other places where you perform work-related duties.
So, what does that mean for employers during the COVID-19 pandemic? Employers have a legal duty to take steps to ensure employee safety. They should have certain health and safety policies in place, and they should be following all your local COVID restrictions set by your local and state governments.
Are You Being Subjected to Unsafe Working Conditions?
If your employer isn’t following the law, then what can you do? Bucking local COVID restrictions can lead to unsafe working conditions. That means you could get exposed to COVID-19 and fall ill.
First, seek out medical care where possible for COVID-19. Verify your illness by documenting a positive test result, and get a doctor’s diagnosis, too. Be sure to keep any medical documents and receipts. From there, it’s a good idea to speak with a local attorney. A lawyer in your area should know whether your state has passed laws regarding COVID-19 workplace health standards. Some states, like Virginia, have already passed measures that would hold your employer liable. Other states, however, are leaving liability up to individual consumers. That means you may or may not have a case depending on where you work and live.
Next, report your employer’s violation to OSHA. Any retaliation from your employer is illegal, so don’t be afraid to do the right thing when it comes to the safety of you and your co-workers.
COVID-19 Damages: What We Know So Far
Right now, COVID-19 damages are still in legal purgatory. While there are hundreds of current lawsuits pending throughout the nation, there is still very little legal precedent to go off of when it comes to COVID-19 cases. Lawyers can only speculate whether employers will be held responsible for COVID-19 diagnosis and losses in court. It’s also not clear whether worker’s compensation will come into play, either.
Moving Past the Pandemic in 2021
All of us are still looking back at 2019 with a loving sense of nostalgia, and we all want to go back to how things were before. Despite that, the majority of Americans still want businesses to take precautions when it comes to COVID-19. It’s likely that local COVID restrictions, mask mandates, and social distancing are here to stay until the number of cases starts to drop.
Did you contract coronavirus as a result of your employer’s failure to follow local COVID restrictions? Did your illness lead to significant medical bills and other losses? If you’re hoping to pursue legal action against your employer, then it’s a good idea to speak with a lawyer before investing too much in your case. A good lawyer will help inform you about your options and rights. Navigate over to our lawyer search to find an attorney in your area that can help.
This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.
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