The Law Office of Michelle Cohen Levy, P.A.
Free Phone Consultations

Here there be Zika dragons - but how brave do employees have to be? p3

The Zika virus has been spread quickly, first through South America, then through Central America and Mexico -- with the United States, 36 countries in all. Of the 84 cases confirmed for the U.S., 24 have been in Florida. Not only are Floridians mobile, but we are a major gateway for travelers to the Americas and the Caribbean.

When you board a plane for vacation, you are risking infection. It's on you, though -- you have chosen to go to Costa Rica or Panama. If your job takes you there, though, your employer may be taking the risk. We've talked about what some companies are doing to protect their employees, but not every company will be as responsive. What, then, are your legal options?

Employment law experts suggest that worker protection laws under the Occupational Safety and Health Act fall short in this scenario. OSHA allows an employee to refuse a dangerous task, but the danger must be an immediate threat to life or limb. Pregnant women face an additional problem: The law protects them from harm, but it does not protect their unborn children.

Workers' compensation, of course, would only kick in if the employee were to contract the illness while on the job -- a little too late when congenital birth defects are involved. Plus, workers' comp is another area of law where an injury to an unborn child may or may not be covered. One expert suggests that this is more than an unsettled area of law; it is completely untested.

That could clear the way for a personal injury lawsuit, according to another employment lawyer. Again, this is an untested area of the law. For a negligence claim, however, the plaintiff mother could have to show that the employer had a duty to warn her of the danger and failed to do so. With such a high-profile virus, that could be an uphill battle.

For the time being, then, the risk falls almost entirely on the employee. Rock, meet hard place.

Source: Business Insurance, "Lawyers see limited legal options for workers sent in Zika's way," Thomson Reuters, Feb. 8, 2016

A good resource for travelers: the CDC's Zika Travel Information website.

No Comments

Leave a comment
Comment Information

Do You Have A Legal Concern?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response


Fort Lauderdale Office
633 SE 3rd Avenue
Suite 4F
Fort Lauderdale, FL 33301

Phone: 954-687-9782
Phone: 954-651-9196
Fax: 954-463-1245
Map & Directions

Lighthouse Point Office
4400 N. Federal Hwy
Lighthouse Point, Florida 33064

Phone: 954-651-9196
Map & Directions