Expert guidance on evaluating your risk of contracting COVID-19 at work, home, or elsewhere
As researchers and health professionals gather more information about the Coronavirus and how it spreads from victim to victim, warnings have been issued regarding how to best prevent coming into contact with COVID-19 for both workers and the general public. The Centers for Disease Control and Prevention (CDC), the World Health Organization (WHO), and the Occupational Safety and Health Administration (OSHA), have all released various Coronavirus Risk Exposure Guidelines.
These warnings are important for everyone in Indiana and Illinois to know, of course, in order to keep safe. However, these Coronavirus Risk Exposure Guidelines are also vital for those who have a duty of care to others involving their safety and health.
Employers, store owners, campus administrators, office managers, worksite supervisors, and more will have to answer for failing to respect and adhere to this expert advice on minimizing the risk of contracting the dangerous and sometimes deadly Coronavirus.
Consider the following Risk Exposure warnings as examples:
1. CDC: Three Levels of Coronavirus Risk Exposure for School Students and Staff
As the new 2020-2021 school year approaches, parents and teachers in both Indiana and Illinois are concerned about the resumption of classes on school campuses. See, e.g., “Indiana on Track to Resume Classes in Some Schools at End of July,” published by CBSChicago on July 9, 2020; and “Chicago Teachers Union Voices Concerns As Health Officials Announce Schools Could Partially Reopen In Fall,” written by Eric Horng and Alexa McAdams and published by ABC7Chicago on July 11, 2020.
According to the CDC, both students and staff at our local schools share the same risks of exposure to COVID-19. The CDC defines this danger as three levels of Coronavirus Risk Exposure (quoting below):
- Lowest Risk: Students and teachers engage in virtual-only classes, activities, and events.
- More Risk: Small, in-person classes, activities, and events. Groups of students stay together and with the same teacher throughout/across school days and groups do not mix. Students remain at least 6 feet apart and do not share objects (e.g., hybrid virtual and in-person class structures, or staggered/rotated scheduling to accommodate smaller class sizes).
- Highest Risk: Full sized, in-person classes, activities, and events. Students are not spaced apart, share classroom materials or supplies, and mix between classes and activities.
2. CDC: Four Levels of Coronavirus Risk Exposure for Public Events (Weddings, Festivals, Parades, Football Games, Concerts, Public Gatherings)
As of July 2020, weddings are resuming in Illinois under specific restrictions. See, “Going to a Wedding or Planning One in 2020? Here’s What You Can Expect,” written by Kristen Thometz and published by WTTW TV on July 1, 2020. Indiana football will be limited to a Big Ten Conference only schedule this season. Read, “Indiana Football: Big Ten to go to conference only schedule for 2020,” written by Adam Childs and published by Hoosier State of Mind on July 10, 2020.
The CDC has assessed the danger of Coronavirus Risk Exposure for public gatherings as having four levels of risk. For this assessment, a “gathering” is defined as “a planned or spontaneous event, indoors or outdoors, with a small number of people participating or a large number of people in attendance such as a community event or gathering, concert, festival, conference, parade, wedding, or sporting event.”
The Social Gathering or Social Event risks are defined by the CDC as follows (quoting below):
- Lowest risk: Virtual-only activities, events, and gatherings.
- More risk: Smaller outdoor and in-person gatherings in which individuals from different households remain spaced at least 6 feet apart, wear cloth face coverings, do not share objects, and come from the same local area (e.g., community, town, city, or county).
- Higher risk:Medium-sized in-person gatherings that are adapted to allow individuals to remain spaced at least 6 feet apart and with attendees coming from outside the local area.
- Highest risk: Large in-person gatherings where it is difficult for individuals to remain spaced at least 6 feet apart and attendees travel from outside the local area.
3. OSHA: Four Levels of Coronavirus Risk Exposure for Workers
For workers in Illinois and Indiana, OSHA has released a chart that details how the federal safety agency perceives the danger of Coronavirus Risk Exposure on the job.
According to OSHA, there are four levels of danger for workers in Indiana and Illinois, defined as follows (quoting below):
- Very high: Health care and morgue workers performing aerosol-generating procedures on or collecting/handling specimens from potentially infectious patients or bodies of individuals known to have, or suspected of having, COVID-19 at the time of death.
- High: Health care delivery and support, medical transport, and mortuary workers exposed to confirmed or suspected COVID-19 patients or bodies of individuals known to have, or suspected of having, COVID-19 at the time of death.
- Medium: Individuals who may have contact with the general public, including anyone employed in schools, high-population/density work environments and some high-volume retail settings. This category also includes workers returning from locations with widespread COVID-19 transmission.
- Lower (caution):Individuals who have minimal occupational contact with the public and other co-workers.
Injury Claims after Coronavirus Exposure in Indiana and Illinois
Victims who have suffered severe or fatal injury as a result of exposure to COVID-19 may have legal claims for justice against those who failed in a legal duty to keep the victim safe from exposure and harm. These claims will be based upon the state laws of Indiana and Illinois, involving allegations that may include negligence, premises liability, and/or wrongful death.
Regardless of their legal rights, COVID-19 victims must expect to face disrespect and perhaps even ridicule from those who have already voiced their opposition to taking responsibility for any Coronavirus injuries. Defendants and their insurance carriers are predicted to deny liability for COVID-19 injury claims.
For details, read our earlier discussions in:
- Coronavirus: Liability Waivers Sought to Avoid Financial Responsibility for Exposing Victims to COVID-19 in Indiana and Illinois
- Coronavirus Workers’ Compensation in Illinois: IWCC Forced to Repeal Help to COVID-19 Victims
- Coronavirus on the Job: Proving Employee Exposure Claims Against Employer for COVID-19 Injury
- Coronavirus Insurance Claims for Illness: Coverage for COVID-19 Bodily Injury and Claim Denials.
Claims can be filed by workers and other victims (e.g., nursing home residents; wedding guests; fans at sporting events) who have been exposed to the Coronavirus and suffered serious bodily injury as a result. Under state personal injury law, these victims will have the legal burden of proof to establish a breach of the duty of care by these defendants before the wrongdoers can be forced to pay damages that include things like lost wages, medical expenses, pain and suffering, and more.
The ability to provide admissible evidence that the defendant failed to protect the victim from Coronavirus Risk Exposure as defined by experts at the CDC or OSHA will help to establish a civil claim for relief.
If you or a loved one has suffered injury from COVID-19 exposure at work or elsewhere, then you may want to investigate the possibility of a legal claim for justice under the laws of Indiana and Illinois. Please be careful out there!
