Jonathan Crotty was quoted in an article on the Society for Human Resource Management's website about whether employers can be held liable if a worker has an adverse reaction to the COVID-19 vaccine.
"Based on information released in conjunction with the first approved vaccinations, the chances of serious adverse reactions appear low," Jonathan said. "Even so, employers have a number of potential legal defenses to such claims."
For example, workers’ compensation laws in many states would preempt and limit any claim against the employer for alleged negligence in connection with a vaccination program.
"Even if vaccination injury claims are not considered covered under workers' compensation laws, an employee would need to demonstrate negligence on the part of the employer," Jonathan said. "If FDA-approved vaccinations are administered by a third-party provider, it is difficult to see how a plaintiff would demonstrate such negligence."
You can read the full article here: COVID-19 Vaccines and Employer Liability.
The Society for Human Resource Management has more than 300,000 HR and business executive members in 165 countries.
You can find additional analysis of this issue in a client alert Jonathan wrote.