Can employees sue their employers for exposure to COVID-19?

Interview Summary

As more businesses and employers prepare for a return to normal and a possible return to the office, health and safety concerns grow. What rights do employees have in regards to health and safety at work? Are employers ultimately responsible if employee contracts COVID-19?

A Toronto employment lawyer at Samfiru Tumarkin LLP joins Global News Radio 900 CHML with Scott Thompson to answer these questions and more.

Interview Notes

Could an employee or employer be sued for giving someone COVID-19?

There are numerous obstacles in pursuing a lawsuit in regards to contracting COVID-19. Most claims of this nature are concerned with WSIB and would prevent an employee from pursuing further action against their employer. Employees would also have to be able to prove that the individual in question was in fact negligent and not following health and safety guidelines.

Is it difficult to prove negligence in the workplace?

Employees who argue that they contracted COVID-19 at work will have to be able to show evidence that an employer or employees were not following health and safety guidelines. It is difficult to prove the exact person/location that led to a positive COVID-19 diagnosis and it is necessary for a court to find liability.

Are employees who unknowingly have COVID-19 liable if they go to work sick?

Employees who contract COVID-19 at work would be on workers’ compensation as it is a workplace issue. Employees can only pursue a claim against another individual if they knowingly had COVID-19 and intentionally infected them.

Are employees who refuse to be vaccinated and contract COVID-19 considered negligent?

Vaccination is currently not mandatory as there is no government legislation regarding COVID-19 vaccinations. Employers cannot force employees to be vaccinated or penalize employees based on their vaccination status. Employers should put in place protective measures in order to ensure the health and safety of all employees.

Learn More
Can my employer force me to get a COVID-19 vaccine?
COVID-19 vaccines and employee rights

Is it ultimately the employee’s own responsibility not to contract COVID-19?

All employers and employees should be undertaking all necessary public health measures in order to protect themselves. Employees who have followed guidelines cannot be considered to be negligent even if they contract the virus. Employees who have not taken the necessary steps and contract COVID-19 would have very little support for their claim.

Have there been lawsuits regarding contracting the flu?

There have never been substantial negligence claims regarding contracting the flu or virus. In most claims, the lawsuit is associated with assault and battery instead of negligence as spreading the virus was considered intentional.

Why is passing along an STD considered negligent, yet spreading COVID-19 is not?

Individuals who spread an STI/STD are considered to be intentional as most individuals are aware of their diagnosis and condition.