Congress adjourned this week without passing a new pandemic aid bill that has been derailed by disputes over a liability protection for businesses against Covid-19 lawsuits that is favored by the maritime industry.
The so-called liability shield’s future could very well be influenced by next Tuesday’s election results.
The provision intends to discourage employees and trial lawyers from filing “frivolous” coronavirus-related workplace complaints that could become costly to businesses as they rebound and reopen.
Under the proposal, an employer would only be liable in cases of “gross negligence and intentional misconduct,” which would place a higher burden on workers to provide such evidence. Protection would be temporary — for five years — as long as businesses make reasonable efforts to protect their workers.
The American Waterways Operators, which represents the inland tug and barge industry, is among many other industry supporters of the provision.
“The legislation would provide relief from Covid-19 exposure claims by holding those claims to a clear and convincing evidence standard. At the same time, it would maintain traditional remedies (such as maintenance and cure and unseaworthiness) available to U.S. seafarers under existing law.” explained Craig Montesano, AWO’s vice president, legislative affairs…
