Study puts waning employer vaccine mandates in focus.
“The uptick in employer mandates might also stem from careful risk management,” said Jeffrey Adelson, general counsel at Adelson McLean APC in Newport Beach, California.
In many states, if someone is determined to have contracted COVID-19 at work, “it is presumed to be a workers comp claim,” Mr. Adelson said. “You have presumptions of compensability in various states.”
“Good loss control has to look at workers compensation issues and expenses, along with everything else they look at. They want to take every opportunity they can to reduce the number of COVID cases,” Mr. Adelson said.
Showing a willingness to reduce the risk of COVID-19 infections at work is important for employers, whether their employees are vaccinated or not, Mr. Adelson said. Employers have been sued by workers who claimed they didn’t do enough to prevent employees from contracting the virus, he said.
Whether it is by requiring the vaccine, giving people time off to get it or encouraging other safeguards, employers show a willingness to mitigate the exposure, Mr. Adelson said. That could reduce the chances that an employer could be hit with willful misconduct charges because of an absence of care, he said.
Written by Michael Bradford, Business Insurance
About Jeffrey Adelson
Jeff Adelson, General Counsel and Co-Managing Partner at Adelson McLean, has practiced in the field of Workers’ Compensation for almost 40 years. In addition, Jeffrey Adelson’s legal career includes experience in the areas of civil, family, and criminal law. He enjoys the field of employment and Worker’s Compensation. A strong believer in human rights, he abhors any type of intolerance.
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