12/15/20
Jon L. Gelman
Workplace safety is a significant issue in the waning days of the Trump Administration as Congress struggles to pass legislation before the end of the calendar year when
CARES Act support terminates for many American workers. As the winter/holiday season coronavirus
hospital capacity and causing additional closure of non-essential jobs, the Republicans remain adamant about restricting lawsuits against employers.
The Occupational Safety and Health Administration ( OSHA) has failed to protect the workplace during the COVID Pandemic. OSHA has not promulgated an enforceable COVID-19 standard for workplace safety to prevent infection from coronavirus.
The principal remedy for injured workers has been traditional workers' compensation claims. The state-based programs provide limited economic relief in temporary, medical, permanent disability, and dependency benefits. In many jurisdictions, causal relationship is difficult to prove when the condition it's an infectious disease. Like New Jersey, some states have eased the burden of proof by enacting