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Suing employers over COVID exposure at work: Who will win?

Major hurdles face such suits, from causation to the standard of proof under the workers' compensation law.

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woman at office wearing mask, using hand sanitizer, socially distanced from coworker Any suit seeking compensation from an employer for its employee’s exposure to COVID-19 is going to be “very fact-driven” and the employer is likely to claim it didn’t know what precautions were needed. (Photo: Shutterstock)

As coronavirus infections surge across the country, some courts are grappling with a novel type of legal question: can an employee who contracts COVID-19 recover damages from an employer for failing to mitigate the risks of contracting the virus?

Already a handful of employers has been hit with litigation in connection with employees who became sick, and who claim safety precautions were missing from the workplace.

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