Flu now, pay later? A workplace guide to H1N1 swine flu.

AuthorWaller, Jeff
PositionLAWYER SPEAK

How many businesses will be exposed to liability from the manner in which they handle employees infected with the H1N1 virus, commonly called swine flu?

In our ever-litigious society, if a customer sees that a sick employee constantly wiping his runny nose did not use hand sanitizer before serving the customer's family, and then soon afterward the customer's child contracts swine flu, which causes substantial medical bills or death, who is the customer going to sue for damages? If an expectant mother learns about an outbreak of swine flu at a particular business that she frequented prior to becoming seriously ill, will she demand that that business pay damages? How much business will be lost because of absenteeism as swine flu spreads through employees? How many work injury claims will result? Will infected employees who are not sent home infect other individuals at a job site and lead to possible liability?

PRECAUTIONS NEEDED

For the swine flu season, businesses will need to establish the appropriate precautions to address infected employees, reduce any spread of the disease through its employees, avoid exposing customers to infected employees, but also ensure that the business' precautions do not go so far as to cause injury to their own employees. The purpose of this column is not to provide specific advice, but to draw attention to possible situations, taking into account the already evident severity of H1N1. Considering the great variety of businesses, employers and circumstances in Alaska, nothing can be a substitute for advice from your own attorney for your unique situation.

LETHAL FLU

H1N1 swine flu is recognized as a potentially severe illness and has resulted in many deaths, with a surprising amount of the deaths occurring in people age 25 to 64 and in pregnant women. In October 2009, President Obama declared the H1N1 swine flu outbreak a national emergency. At this same time, the Centers for Disease Control had already reported 292 deaths from H1N1 in the United States, which was later revised to 1,004 deaths. According to the CDC, 33 percent of deaths were in people aged 25 to 49, and 32 percent of deaths were in people aged 50 to 64. These age groups cover a substantial portion of the working population. The CDC also reported the H1N1 virus in pregnant women has caused early labor, severe pneumonia and death. The New York Times reported 100 pregnant women infected with H1N1 required intensive care and 28 had died. CNN reported...

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