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Foundations News Blog

Are GCs Responsible if Employees of Subcontractors Contract COVID-19 on Job Sites?

4/24/2020

 
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Several members have asked for clarification on culpability if an employee of a subcontractor contracts COVID-19 while working on a jobsite.  Tim Gibbons with Chambliss Law has provided guidance for our Chapter members:

The illness should be handled as though it were any other alleged work-related injury/illness and should be subject to the exclusive remedy under the workers' compensation law.  Employee would first look to subcontractor's workers' comp policy, but might also try to rope in the G/C as a "statutory employer" if the subcontractor doesn't have workers comp.  Remember that, even if the subcontractor has told the G/C it has workers' comp insurance, if it doesn't, the G/C may be regarded as the "statutory employer" for workers' comp purposes. 
 
Conventional wisdom among employment and workers' comp attorneys and insurance adjusters is that it's going to be exceedingly difficult for an employee to demonstrate that contraction of COVID-19 is compensable under Tennessee workers' comp law (and similarly in other states).  In TN, an illness is not compensable unless "it has been shown by a preponderance of the evidence that the employment contributed more than fifty percent (50%) in causing the injury, considering all causes."  Unless the employee is a recluse living alone and has gone nowhere except his job site, this is going to be a tough standard to meet.
 
As to what's happening when employees get the virus, that could present a different question.  Typically, the employer puts the employee on leave until no longer symptomatic (i.e., recovered).  Employer also notifies persons with whom the positive employee was in "close contact."  If they are asymptomatic, they can continue coming to work as long as they appropriately monitor (e.g., temperature checks before shift).  Employee's work station, tools, etc., should be thoroughly sanitized. 


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  • Home
  • About Us
    • Who We Are
    • AGC of America
    • Now Hiring!
    • Leadership >
      • Board of Directors
      • Past Board Chairs
    • Committees
    • Chapter Sponsors
    • BLOC / Building Leaders of Chattanooga >
      • BLOC Committee Selection
      • BLOC Application
    • Member Benefits >
      • Worker's Compensation
      • Primary Health Care
      • Member Discounts: AGC of America
      • Member Discounts: NPP
      • Private Insurance Exchange
      • 401K For Employers
    • Join Us! >
      • Membership Application
    • Advertise With Us
    • Staff / Contact Us
  • Member Directory
    • Member Directory
    • Map of Members
    • Member Login
  • Industry
    • Legislative Priorities
    • Tennessee Contractor Licensing FAQs
    • About Our Workforce
    • Workforce Development Initiatives
    • AGC of America Advocacy
  • Events
    • Construction Leadership Course
    • Event Calendar
    • Educational Course Survey
    • Event Photo Galleries >
      • 2022 Spring Golf Benefit
      • 2022 Bass Fishing
      • Hard-Hatted Women Ninja Warrior Night!
      • 2022 Day on the Hill
      • 2022 Annual Meeeting
      • 2022 Top Golf Night
      • Christmas Party 2022
      • Construction Career Center Groundbreaking
      • 2021 Fall Golf Gallery
      • 2021 BIG PIG BBQ Contest
      • 2021 Sporting Clay Shoot
      • May 2021 Member Meeting
      • 2021 Spring Golf Benefit
      • 2021 Bass Fishing
      • 2021 BLOC New Member Reception
      • 2020 Clay Shoot Gallery
      • 2020 Annual Meeting
      • 2019 Christmas Party
      • 2019 Clay Shoot
      • 2019 Fall Golf Tournament
      • 2019 BRIC Awards
      • 2019 BIG PIG BBQ Contest
      • 2019 Spring Golf Tournament
      • 2019 Bass Fishing
      • BLOC Gallery
    • Build Your Future
    • Scholarships
    • AGC Student Chapters
  • News
  • Plan Room / Print Shop
    • Member's Plan Room Access
    • Virtual Planrooms