Healthcare Employees COVID-19

The short answer is that while health care providers must follow federal safety guidelines to guard against contagion, other businesses are not obligated to do so, leaving it to states and localities to set standards, experts say. And sick employees who seek damages, typically through worker’s compensation, must prove that they contracted the virus at work – an especially thorny challenge.  

Healthcare Employee Rights

Many governors have already issued executive orders limiting a health care worker’s liability. For example, New Jersey passed a bill providing protections. Under the bill (A-3910), health care professionals would not be liable for allegedly causing the injury or death of a patient while providing medical services related to COVID-19. The immunity would not apply to gross negligence, recklessness or willful misconduct.

Then, the CARES Act stimulus package passed by Congress provides some liability protections to medical professionals who volunteer their time to help fight the pandemic.

Missing PPE

Many governors like the one in California issued a stay-at-home order, then required critical industries that need to be in public to wear personal protective equipment (PPE). This includes gloves, masks, hand sanitizer and cleaning supplies for sterilization. However, many companies are not providing PPE for their staff. 

Types of PPE

Personal protective equipment can be a wide range of different equipment to protect employees. OSHA set the stands in 2008 that employers must pay for PPE. This could be: Foot protection

  • Non-prescription eye protection
  • Goggles
  • Face shields
  • Hard hats
  • Hearing protection

Healthcare Workers’ Rights

Healthcare workers interact with those exposed to COVID-19 daily. They shouldn’t have to worry about contracting the virus due to lack of PPE. Failure to provide adequate PPE is an OSHA violation.

Free Consultation

We are offering a risk free review of insurance policies of businesses closed due to COVID-19. Acting quickly to try to receive compensation for insurance claims is important. Insurance law can get complicated as companies want to give you as little as possible for your losses. We are here to fight for you. Call today for your free insurance review.

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