Soundtrack: Shift Work, Kenny Chesney (ft. George Strait)
Here is a question. Humor me. I have been witness to crazier things.
If, while at work, an employee gets injured while performing work the employer is responsible most of the time. I mean, there are variables to consider, but even if it was negligence by the employee, the employer is usually labeled at fault. The guarding on the equipment was not sufficient, poor training, improper tools, or something like that… The company could have done something better. Let us say that a team member, on their own time, gets hurt. The employee will likely be away from work and the employer is not in the picture other than for insurance-related questions. Just because Sammy McSliperton fell off the ladder at his house while thinking about working tomorrow the company is the cause. Now, if a team member has a personal injury but continues to work and it is worsened their work or aggravated by work that they do, or we cannot prove that it did not happen while on company time, it will likely be attributed to the employer. (Side note, people do often get injured away from work, do not realize it, and strain the injury while doing work tasks. And yes there are those that take advantage of the situation.) The key is being able to prove that with 100% certainty, the team member’s injury had nothing to do with work. And that can be hard to do.
So… that brings me to today’s perplection. If you are employed at a workplace that is still able to continue doing business, while many businesses are locked down for COVID19 prevention, and contract the virus… what then? If you are locked down outside of work, and continue to work in an “eligible and essential” industry, and contract the virus with some certainty while at work – does this fall into a work responsible litigation? If you die – could someone say it was a death attributed to or by the negligence of your employer? I mean… it’s not that far fetched. And should continuing to work qualify as hazard pay? Do businesses generate a risk for themselves by continuing to press on, despite the situation, due to infrastructure or essential responsibilities? Before you roll your eyes – remember the caution signs on coffee and the lawsuits for people being scalded because taking a drink of scalding hot coffee right from the pot is the thing to do… And there are stories of people getting ill from poor working conditions or placed in danger, somehow. I have also heard of a couple of companies temporarily increasing their wage during this time (for what I deduced as a way of helping). This is also the moment my brain appreciates the healthcare workers, police, firefighters, military, and other roles that we just could not do without right now.
Maybe it is the elephant in your room… I have overheard people jokingly discussing. I have also heard serious discussions… I would love to hear your thoughts on this. I am not saying I agree or support anything here. It is just a thought that I could not answer myself. I found myself thinking no! Then, well, what if? I have gone back and forth throughout the day. Did the company not make any efforts? Did the company force conditions without any regard to what is happening? I have heard stories, and I am sure you have too, about ridiculous situations and the court judged in favor of the plaintiff (not related to this though). Just some thoughts for today. I really cannot escape the news of COVID-19. So it is fresh in my mind…
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