What COVID-19 Laid Bare: Adventures in Workers’ Compensation Causation

نویسندگان

چکیده

This essay performs a close analysis of workers’ compensation coverage COVID-19 and arrives at the conclusion that it should not be “impossible” to prove in legal sense an employee’s was caused by work. Scientific proof is same as proof: law has never required claims must supported irrefutable scientific workplace causation. Yet repeatedly one heard this suggestion during public discussion on employees. Still, there good evidence even when undisputedly covers work-related disease employers seldom pay benefits (and states do compel them so). reality COVID laid bare: system rigidly resists paying occupational claims. The also explores news account from Minnesota stating nine hundred thirty-five COVID-19-related meatpacking employees had been paid February 2021. There no shortage other stories pandemic mass denial industry, development having disparate impact communities color, where more than half all are Latinx. These unpaid claim numbers suggest something “wrong” with causation analyses lower down administrative system. Another truth bare that, aside compensation, nationwide short-term disability program United States. leads if insists upon super-strict versions cover claims, different method compensating pandemics or “environmental” crises may become necessary. seems almost inescapable because health experts like Dr. Fauci warning we remain risk for “new emergences” “foreseeable future.”

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ژورنال

عنوان ژورنال: Social Science Research Network

سال: 2021

ISSN: ['1556-5068']

DOI: https://doi.org/10.2139/ssrn.3910154