What States Allow COVID Lawsuits Against Employers? Part II

We discussed some states with laws affecting COVID lawsuits against employers in Part I. Let’s look at the remainder.

Delaware

Delaware has no law on liability for COVID-19. Under Delaware Code, Title 20, Section 3121, medical personnel dealing with disaster relief or emergency operations announced by the governor can't be sued for deaths or injuries to people.

District of Columbia

The Supplemental Emergency Amendment Act of 2020 protects certain persons from being sued for COVID-19 exposure. These include healthcare providers, first responders, healthcare service contractors and those who donate their time, equipment, supplies or professional services.

Georgia

Governor Kemp signed the COVID-19 Pandemic Business Safety Act in August 2020 to protect businesses and individuals from being sued. The company or person must either post a warning sign at the entry of the business or provide a proof of purchase receipt for admission to avoid a personal injury lawsuit. The governor signed House Bill 112 into law in May 2021, extending it for one year.

Hawaii

Governor Ige signed Executive Order No. 20-05, which protects medical professionals, facilities and volunteers from COVID-19-related lawsuits. The order includes property damage when the individual provides healthcare services and remains in effect until the emergency is over.

Idaho

The governor signed the Coronavirus Limited Immunity Act on August 27, 2020. The law gives immunity to individuals and schools, including universities and religious organizations. The act also covers businesses, counties, cities and local governments. The governor then signed House Bill No. 149 to extend the act on March 19, 2021, with a sunset date of July 1, 2022.

Illinois

Governor Pritzker issued Executive Order No. 37 to protect medical workers, volunteers and hospitals from being sued for injuries and deaths from COVID-19. The governor signed Public Act 101-0653 into law on February 26, 2021, protecting frontline workers and first responders.

Indiana

Governor Holcomb signed Senate Bill No. 1 on February 18, 2021, which addresses employer liability. It also protects businesses, schools, government functions and any location that offers services. Also, it protects COVID-19-related products and bans class-action suits. Public Law 166 extends to healthcare workers until April 1, 2022.

Iowa

The COVID-19 Response and Back-to-Business Limited Liability Act became law on June 18, 2020. The law protects medical facilities, landlords, nursing homes and businesses from personal injury lawsuits. Similar protections cover healthcare workers. Those who sell, label or work with PPE equipment can't be sued.

Kansas

The Business Liability Protection Act, passed in 2020, gave immunity from lawsuits to various facilities. The law protects people from COVID-19-related cases if the person acts within public health rules. The business part of the act expired on January 26, 2021. Immunity for healthcare providers stays in place.

Kentucky

Kentucky Senate Bill 150 became law on March 30, 2020. The law protects healthcare providers who treat and care for COVID-19 patients during a state of emergency. Senate Bill No. 5 passed the last day of the legislative session, protecting needed services and homeowners.

Louisiana

On June 16, 2020, the governor signed Act No. 336, which says that no person, local government, state or political subdivision can be sued for damages related to COVID-19. Immunity extends to hosts, producers and event organizers, manufacturers, dispensers, employers and others.

Maryland

Maryland law provides protections under Md. Code Ann. Pub. Safety § 14-3A-06. The state enacted this law before the pandemic. It gives healthcare providers immunity during emergencies. Senate Bill No. 210 gave anyone immunity from being sued if they obeyed orders, rules and regulations, but the bill died in committee.

Massachusetts

On April 17, 2020, the Massachusetts governor signed Bill S. 2640 into law. The law gives immunity from being sued for medical facilities and providers during the COVID-19 emergency. It grants a similar exemption to volunteer groups using the facility for COVID-19.

Mississippi

Protection from COVID-19 lawsuits arises from the Mississippi Code §§ 11-71-1 – 11-71-13. Protections against employer liability include exposure to the virus if the person followed health guidance and made a good-faith effort to prevent the illness.

Missouri

Governor Parson signed Senate Bill No. 51 into law on July 7, 2021. The bill protects healthcare workers during COVID-19 from civil damages. Property owners also get protection from being sued if the plaintiff doesn't prove intentional harm.

Nebraska

The governor of Nebraska signed Legislative Bill 139 into law on May 25, 2021, to offer lawsuit protection. The language protects anyone exposed to the COVID-19 virus as long as that person or entity obeyed federal rules. The bill includes a number of provisions, such as not allowing lawsuits unless the patient was hospitalized or died due to COVID-19. It also prevents lawsuits against entities that were following federal and state laws or public health orders, and more.

New Hampshire

New Hampshire hasn't passed any laws to protect healthcare workers from lawsuits related to COVID-19. N.H. RSA 21-P:35, V protects healthcare facilities, volunteers and workers during emergencies. Another bill, SB63, may expand to protect businesses from workers' comp claims.

New York

The Emergency or Disaster Treatment Protection Act protects volunteers and healthcare facilities and professionals during the COVID-19 pandemic as long as they meet the conditions. Legal protection augments the governor's Executive Order 202.10.

North Carolina

The act made into law, H118, offers some immunity. It applies to individuals, businesses, government agencies and others. Legal protection applies to COVID-19-related claims made within 180 days of the governor’s State of Emergency Executive Order expiration.

North Dakota

The governor of North Dakota signed House Bill No. 1175 into law on April 23, 2021. It protects employers from lawsuits by their workers related to COVID-19. Immunity from lawsuits extends back to the beginning of 2020.

Ohio

The Ohio governor signed the Grant Immunity to Essential Workers Who Transmit COVID-19 Bill into law on December 6, 2020. The law protects workers in a school, nonprofit, for-profit, religious or government entity, and others.

Oklahoma

Senate Bill 1946 gives immunity to individuals and businesses from COVID-19 lawsuits if they have followed regulations. Senate Bill 1947, signed into law by the governor on May 21, 2020, provides immunity to any persons or businesses that work in any facet of cleaning supplies or PPE during the COVID-19 pandemic. Further, the COVID-19 Public Health Emergency Limited Liability Act protects healthcare workers.

Oregon

House Bill 4402 protects private and public schools. The law covers COVID-19 injury claims during the emergency.

Pennsylvania

The Executive Order to Enhance Protections for Health Care Professionals covers healthcare workers at medical facilities, including those who work in home healthcare, assisted living, etc., from lawsuits related to COVID-19. The law remains in effect for the disaster emergency duration.

Rhode Island

Executive Order 20-21 gives certain healthcare workers and facilities immunity from responsibility for COVID-19 exposure if they are defined as “disaster response workers.” This Executive Order of Rhode Island allows them to provide services beyond or even without a license. The governor has extended the order to at least March 16, 2022.

South Carolina

Governor McMaster signed the COVID-19 Liability Safe Harbor Act in June 2021. The law protects businesses, health agencies and nonprofits that follow public health rules from being sued for COVID-19.

South Dakota

The South Dakota governor signed House Bill 1046 on February 18, 2021. The law does not allow claims for COVID-19 unless the exposure is confirmed or intentional. The rule applies to business owners, healthcare providers, and PPE makers and sellers.

Tennessee

The Tennessee COVID-19 Recovery Act bars claims except those caused by misconduct or gross negligence. It covers healthcare workers, schools, businesses and government entities.

Texas

Texas Governor Abbott signed Senate Bill No. 6 on June 13, 2021, limiting claims arising during the pandemic. The law covers physicians, other healthcare providers, first responders and businesses.

Utah

Senate Bill 5003 provides immunity from lawsuits caused by exposure to COVID-19 on the premises of another facility. The law includes businesses and other organizations.

Vermont

Vermont Statutes Annotated, Title 20, Section 20 protects the state, employees and others involved in emergency management of health and disease. The governor signed House Bill No. 319 into law, which protects those who provide needed services during the COVID-19 crisis.

Virginia

SB 5082 gives civil lawsuit immunity to assisted living facilities, hospices and providers relating to COVID-19. Protection for healthcare workers comes under Virginia Code Sections 8.01-225.01-02.

Washington

Washington passed only one law: a change to RCW 7.70.040. The change released any liability by a physician or hospital due to lack of resources because of COVID-19 and did not address the virus directly.

West Virginia

Governor Justice signed the COVID-19 Jobs Protection Act into law on March 19, 2021. Under it, no one can sue a healthcare facility or provider, person, or needed business due to COVID-19.

Wisconsin

The 2019 Wisconsin Act 185 protects healthcare workers from being sued for COVID-19-related issues and covers those who deal in emergency medical supplies. Senate Bill 1 extends immunity to businesses, schools and government entities.

Wyoming

The Enrolled Act No. 2 protects businesses and their workers from being sued due to COVID-19. Employees may file workers' comp claims for COVID exposure or illness.

Choosing a personal injury lawyer

This article is based on data through February 20, 2022, and the laws may have changed in your state. You may be able to receive compensation if you have suffered a personal injury related to COVID-19. As a result of the pandemic, not everyone is protected by law. Get the legal information you need by visiting Accident.com.

Review the infographic which shows states that allow Covid lawsuits against employers, the main statistics on how Covid affected the labor market, and the wave of workers' compensation claims in 2021.