As they re-open, employers are very likely to seek immunity from tort liability and any additional workers compensation insurance expenses. 1/

Not appropriate. Employers who takes appropriate precautions should avoid tort liability in any event. Workers compensation claims would be difficult to prove bc tracing infection to workplace not likely provable. 2/

Protection from accountability for situations in which employers can be shown to have caused infection or have acted tortiously is not warranted. 3/

U.S. Chamber of Commerce and other conservative groups using public health and economic emergency pretextually, seeking needless immunity from appropriate legal liability. https://www.law360.com/articles/1264834/employers-seek-liability-shield-from-covid-19-worker-suits 4/

The tactics conservative business groups are using to lobby for preemption from usual legal liability resemble those used by the gun industry, which succeeded in choking off accountability to cities flooded by cheap handguns in the 1980s and 1990s. 5/

As cities developed public nuisance claims against gun makers, gun industry lobbied Congress for immunity, and won. Republican-controlled Congress passed the Protection Against Lawful Commerce in Arms Act…6/

…specifically to shut down a then-pending lawsuit from NYC against makers of cheap handguns, who were flooding the black market for these weapons. 7/

Now, the same playbook used by gun industry is being used by U.S. Chamber of Congress and other conservative business interests: looking for to short-circuit usual legal responsibilities under state law by pressing for federal preemption. 8/

If businesses serious about public welfare rather than just shutting down legal accountability they would be arguing for their own participation in compensation funds for those who suffer serious illness due to COVID-19; and investing in best safety practices. 9/9