COVID-19 Liability Protections & Unfair Legal Presumptions of Work-Contracted Cases

OCA and other local chapters throughout the U.S. are working with our national affiliate, AGC to secure targeted and reasonable liability protections against legal claims arising from the current pandemic to protect construction firms following recognized safety and health protocols to guard against the spread of COVID-19. In addition, there is on ongoing effort to bar legal presumptions—which have begun appearing in some states in the context of workers compensation claims—that a construction employee with COVID-19 contracted the virus from exposure while at work. The House of Representative’s latest $3 trillion pandemic relief bill provides no protections in either of these arenas. AGC is working with key members of the Senate to secure these objectives in the next enacted relief bill.

Similar legislation is also being pursued in the Ohio General Assembly. There are currently bills pending in both the House and Senate that would grant civil immunity to essential businesses operating during the stay-at-home order. AGC Ohio and OCA submitted a joint statement in support of the House version of the bill and will likely do the same for the Senate version. Addressing this issue has been deemed a priority for the leaders of both chambers and will likely be approved before the legislature adjourns for summer recess.

If your company experiences either of these situations, please contact Mark Potnick in the OCA office via email at [email protected], or by phone at 614-488-0726.