Returning to Work in 2021: COVID & Vaccinations Raise EPLI Liability Questions

Placing You First Insurance Podcast by CRC Group

At the beginning of the COVID-19 pandemic, employers moved quickly to develop and implement remote work-from-home protocols to protect employees. Almost a year since it all began, employers are starting to develop return to work plans. Well-known finance giants, Goldman Sachs, and JPMorgan Chase, are delaying their return after initially attempting to bring workers back near the end of 2020 only to send many workers home again after employees tested positive for the virus. Other large companies including Ford, Google, Facebook, and Target, have also stated that they’ll postpone return-to-office dates until at least summer 2021.4 As restrictions loosen or expire and vaccines slowly roll out, employers that start bringing employees back to the office will be faced with an increased risk of COVID-19-related Employment Practices Liability (EPL) claims.1 Smart employers will proactively evaluate return to work plans from both a legal and insurance perspective to ensure they are protecting business operations and employee health.

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1. What risk exists for employers that are welcoming employees back? (00:01:07)

2. Can employers mandate tests for employees? (00:04:33)

3. How do test results play into employee's right to privacy? (00:07:33)

4. Are infections covered under workers' comp? (00:09:11)

5. Can employers force workers to return to work? (00:09:44)

6. What dangerous precedents is the government setting now with regards to COVID-19? (00:12:59)

7. When is the best time to ask employees back to the workplace? (00:15:05)

8. How are carriers treating the return to work risk? (00:17:24)

9. What should agents be thinking about with the return to work? (00:24:40)

10. Does your EPL policy protect you under a return to work? (00:26:45)

11. What's going to happen with litigation moving forward? (00:27:59)