Positive Employer Work Order Versus Positive Employee COVID-19 Test

Denise GillinNews, Workers' Compensation

By Caitlin M. Sullivan for Chartwelllaw.com

Can employers limit workers’ compensation liability against employees who refuse the COVID-19 vaccine?

It’s the news we have been waiting to hear for months. Operation Warp Speed has successfully accelerated the development and production of COVID-19 vaccines, and while the actual distribution of the vaccine has caused chaos, the fact that a “shot in the arm” may be just around the corner is enough to calm the anxiety of many.

But news of the COVID vaccine distribution has employers faced with several legal questions. Not only are employers wondering whether vaccines can be mandated, but also, what recourse do employers have when an employee refuses to get a vaccine and contracts COVID while at work? Are these employees entitled to workers’ compensation benefits?

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