The Year that Was in Workers Comp

Sensational coverage and panic drove much of the early discussion and predictions about workers comp during the beginning of the pandemic. But workers comp legal expert Emily Spieler says that early handwringing by employers and employees was overblown. That said, Spieler and host Alan Pierce discuss how the pandemic placed a spotlight on the workers' compensation system. For Spieler, the pandemic exposed how the nation's poor healthcare safety net puts tremendous pressure on workers comp because there is no other real recourse for employees who get sick and can demonstrate they were exposed at work. Without paid sick leave, workers turn to workers' compensation. Workers' comp isn't adequate for illness related to employment. That explains why there are separate federal programs for workers exposed to toxins such as silica, asbestos, and coal dust. Spieler and Pierce talk through the weaknesses of the system, particularly the nuances of compensable diseases for workers directly exposed through front-line work, such as nurses and doctors, and those who may face increased chances of exposure along the supply chain. The impact of Covid-19 on workers' comp is unfolding as data is collected and claims processed. What's to come in 2021? While Spieler says most workers, as many as 70% to 80%, didn't have the opportunity to work from home, she notes there is sure to be litigation over injuries sustained by those working from home. Is tripping while walking to the restroom at home when you're on the clock the same as tripping on the way to the restroom at work? Emily Spieler is the Edwin W. Hadley Professor of Law at Northeastern University School of Law, where she served as dean from 2002 until 2012. Special thanks to our sponsor, PInow .

You can listen to The Year that Was in Workers Comp online on Radio and Podcast. Open the player on this page to stream the available audio.

The Year that Was in Workers Comp is an episode from Workers Comp Matters by Legal Talk Network.

This episode is 32:53 long.

This episode was published on Dec 23, 2020.

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