Businesses in California and across the country have been economically decimated by the shelter-in-place orders established to mitigate the health impact from the COVID-19 virus. Now that more businesses are reopening despite persistent detections of COVID-19 throughout the state, we can expect to see more and more lawsuits alleging that operations at a business resulted in employees becoming infected and made sick by the COVID-19 virus. These lawsuits will undoubtedly allege that businesses failed to take sufficient precautions to address the risk posed by the coronavirus.

But while lawsuits are a certainty, liability is not. Any lawsuit seeking damages for COVID-19 injuries must surmount several procedural and substantive legal hurdles.

Workers’ Compensation Is Generally the Exclusive Remedy for Occupational Injuries

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