A question for workers compensation lawyers.

[TomSlick]

I am a tort and insurance law guy - I don't know from beans about workers compensation, so bear with me.

If an employer knows that there are multiple Covid-19 hot spots in an industry, say meat processing. Despite this knowledge, the employer keeps the business open with employees working cheek-to-jowl with no effective protective equipment. When there is an outbreak in a given plant, are the infections compensable?

Getting back to my area, if the employees do not have a compensable injury - and therefore the exclusive remedy of workers compensation applies - there could be might fine tort cases.

[marybourg]

1. If I recall correctly (long time for me)

diseases have to be endemic to the industry, eg. Black Lung Disease for coal miners, to be compensable.

[TomSlick]

2. I think that's correct.

At this point, Covid-19 is endemic to the meat processing industry. Another good analogy is employers with toxic chemicals in the work place.

My conclusion - again, not my area - is that the infection would be compensable.

[marybourg]

3. I think the disease has to be declared or adjudicated endemic.

[TomSlick]

4. A that's why we have courts - to adjudicate stuff.