COVID-19 and Work-Related Illness

There have been reports across the country that Federal OSHA has done an abysmal job responding to the COVID-19 crisis. See this article from NPR. Federal OSHA has reportedly received around 18,000 complaints of unsafe work conditions related to COVID and has not performed a single workplace inspection. These numbers are troubling, to say the least.

It appears Michigan’s State OSHA (MIOSHA) has been taking some action. Worker complaints have ballooned in recent months as workers return to the workforce and worry about unsafe conditions exposing them to the virus. Citations from MIOSHA have not increased, but MIOSHA officials claim they have been following up to seek compliance with state and federal orders and guidelines, and employers are complying 95% of the time (what happens that other 5% of the time is unclear, which is disconcerting). See this article in The Detroit News.

Workers are being recalled to work as things open up again, but the work environment is not always safe. What is a worker to do if the employer refuses to implement social distancing measures, fails to enforce the use of masks by coworkers and customers, etc.? Employees are stuck deciding between their health and their jobs. Many have chosen to go to work and, sadly, become severely ill or died as a result. This injustice will likely continue.

Workers and their families do have one legal remedy in Michigan when they are exposed to COVID on the job and become sick as a result. A worker’s compensation claim can be made. According to the Michigan Worker’s Disability Compensation Act, workplace illnesses and occupational diseases are covered. That mean coverage for health care costs and wage replacement for missed work. It even means benefits for the surviving family of a worker who dies from a work-related exposure.

These claims will, of course, be very difficult to prove. It is impossible to trace the source of COVID exposure with absolute certainty, but if there is evidence that the exposed worker has been social distancing in their home life and others in the workplace tested positive for the virus, such a claim could be successful.

If you have become sick or injured on the job, call the experts at Bolhouse Hofstee & McLean for a free consultation today.

Do you think you have a case? Click here to learn more.