Employers also potentially face legal liability under Indiana’s Worker’s Compensation laws, as it is possible that COVID-19 could be compensable as an occupational disease. If an employee can show a causal connection between their workplace and COVID-19 infection and exposure, then the employer may face liability.
If an employee were to sue for either wrongful death or worker’s compensation benefits, the employer’s liability would be evaluated by looking at the safety measures enacted by the employer. Politics would not be an acceptable defense. As an institution that the public looks to for guidance in the interpretation and application of the law, courts should be setting the example for safety when it comes to easily transmittable deadly viruses.