The good news: a vaccination plan is coming. The bad news: retaliation claims by workplace safety whistle blowers are already here and growing.
Retaliation claims have been on the rise for years. Coronavirus whistleblowers–employees reporting unsafe working conditions–continue to emerge. COVID19-related allegations against employers have exploded, with OSHA reporting a 30% increase in just the first 4 months of the pandemic. OSHA investigators cannot keep up with the claims right now: that will change as the Biden administration plans on hiring more investigators to beef up enforcement.
What the devil is going on? Retaliation claims often survive even when the underlying action does not–a trend that now seems here to stay. Courts have routinely found for the employer on the fundamental allegation and for the employee on the retaliation allegation. In lawsuits, a retaliation claim can be the money shot for damages too.
What to do: Do not let down your guard with COVID 19 protections and policies. Remind all employees and particularly managers to continue safe practices at all times. Take all complaints seriously, even from the repeat squawkers. Use your workplace complaint procedures or COVID19 safety plan as the guideline to investigate complaints. Document, document, document to show an even response to all concerns.
We can help: For COVID 19 related injury or employment claims, we offer a COVID-19 Related Insurance Coverage Analysis. No surprise, insurers are not quick to say yes to these claims. And of course we have our Litigation Practice at the ready–with a practical, results-driven plan for your business.