As vaccination campaigns continue to roll out in the United States, many companies have begun to encourage, and even mandate, vaccinations to their employees in an attempt to reduce employee injury and injury claims. Recently, insurance experts are now seeing new conversation around potential lawsuits regarding vaccine requirements for in-person work as more and more individuals are returning back to the office for the first time in over a year. 

With these novel discussions around vaccination requirements, employers and insurers alike are wondering where liabilities lie within vaccination mandates, and what might this mean for employers and employees? Here are some highlights as to liabilities that may arise due to COVID-19 vaccination requirements for employees and in-person workers. 

Potential Liabilities

Employee Injury

While companies are hoping to reduce employee injury and illness with vaccine requirements, what can be said about individuals with underlying medical conditions that pose a threat? Vulnerable individuals who may react negatively to the vaccine due to underlying health factors could potentially sue employers if a mandatory vaccination policy puts their health and wellbeing at risk. If an individual has an allergic reaction to a COVID-19 vaccination, then employers may be concerned with the potential legal liability that can occur as a result.  Medical liabilities could fall to employers and their insurers as a result, and external costs for lawsuit claims would go into the hands of company leadership as well.  

Protecting your organization from injury claims and medical lawsuits is essential to staying in operation and protecting the name of your business. That’s why every business must have Workers’ Compensation Insurance in case of an accident. Workers’ Compensation is more than just a legal requirement – it’s an investment in making your business a safer, more productive workplace. In principle, the Workers’ Comp payouts will cover medical bills, care costs and a portion of any lost wages. For more information on Workers’ Compensation please click here

Discrimination

Employers and their insurers could also face liability costs on the basis of discrimination. Discrimination liability claims may arise due to employees’ personal beliefs, cultural background, economic background, medical background, and more. If certain individuals are unable to receive a vaccination due to religious reasons, for example, they may pursue a lawsuit against a company on the basis of discrimination for religious purposes. Discrimination liabilities are not always clear, and they are often subject to consideration of local or state law. 

In order to prepare for discrimination lawsuits we must familiarize ourselves with Employment Practices Liability Insurance (EPLI). EPLI covers businesses against claims by workers that their legal rights have been violated by the company. The number of lawsuits filed against employers is rising. Therefore, at Biscayne Risk & Insurance we can provide you with and help guide you through EPLI coverage to ensure your organization is protected.

Public Health Safety

On the contrary, companies can potentially face lawsuits if vulnerable workers believe that a lack of a vaccination policy is a public health safety liability. In an attempt to protect their own health as they return back to in-office work, employees may feel that their wellbeing is at risk if there is no mandate for vaccinations for those individuals who are returning to work in person. 

Ensuring The Wellbeing Of Your Employees, While Reducing Liability Claims 

After looking at what may be categorized as a liability for COVID-19 vaccine requirements for employees, you may still want to know more about how you can ensure your employees stay healthy, safe, and happy, without enduring liability costs. 

At Biscayne Risk and Insurance, our goal is to ensure you are up-to-date and informed about the current conversations around liability claims and costs, and to help you maneuver the difficulties of business insurance, while staying dedicated to the health and wellbeing of your workers. We are committed to being of value to you and your business, and to produce quality service for your insurance needs. For more information on how we can assist you, you can contact us through our website today!