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November 3, 2023

In California, following Kuciemba v. Victory Woodworks, Inc., the law on “take-home COVID” has been settled: Employees who contract COVID-19 at work may bring a workers’ compensation claim against their employer but they (and their family members) are barred from pursuing a civil claim under the exclusive remedy doctrine.

In their Daily Journal article, Senior Employment Counsel Corinne Spencer and Senior Associates Jonathan Brown and Antwoin Wall, examined the Court’s ruling which clarifies the exclusivity of workers’ compensation claims in “take-home COVID” cases and how it highlights the balance between protecting public health and the potential economic repercussions.

The attorneys noted that as the world continues to grapple with the pandemic and its uncertainties, the legal landscape around workplace-related illnesses remains in flux, requiring vigilance and adaptability from employers. “While the pandemic may be over, COVID-19 remains a prevalent illness, so employers should continue to adhere to public health mandates, adhere to Cal/OSHA guidelines, and maintain their COVID-19 Prevention Procedures to maintain a safe and healthy workplace,” they wrote.

Read the Daily Journal article here. (Subscription required)


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