Legislation that includes significant legal protections for employers, physicians, healthcare providers, healthcare product manufacturers, and insurers has easily passed the Texas Senate and is expected to be confirmed by the Texas House.
“Senate Bill 6 requires an employee who claims exposure to COVID at work to prove that his employer knowingly failed to warn about or address that risk, or knowingly failed to comply with relevant public heath protocols,” says Travis Cox of the Dallas law firm of Chamblee Ryan. “It also requires a medical expert’s report to substantiate the claim.”
The legislation includes product liability protections for manufacturers and sellers of PPE, and requires evidence of “willful and wanton” conduct by physicians, hospitals and first responders in bringing a claim of intentional COVID exposure.
“Given what employers have experienced during the pandemic, particularly healthcare providers, requiring proof that exposure risks were intentionally disregarded seems a reasonable standard to follow,” says Mr. Cox.
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