The Senate Judiciary Committee recently discussed whether Congress should shield employers from COVID-19 lawsuits as the country starts to reopen. The hearing was prompted after Senate Majority Leader Mitch McConnell called for broad immunity that would absolve companies from liability for charges that their actions contributed to COVID-19 deaths and injuries. McConnell said a tidal wave of personal-injury lawsuits made the protection necessary.
However, Judiciary Committee member Richard Durbin confirmed that of the roughly 1,000 COVID-related lawsuits, just 27 were for personal injuries and nine were for medical malpractice—numbers which may very likely rise as businesses begin to reopen. Employers should anticipate this new reality by closely following the Senate Judiciary’s deliberations while also implementing protective policies and procedures. So too should insurance companies who will experience a rush of coverage-related COVID-19 filings.