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Hypothetical - If an employer requires employees to be vaxxd
General Boards - COVID
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Replies: 11
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Hypothetical - If an employer requires employees to be vaxxd


Sep 28, 2021, 12:43 PM
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and upon vaccination the employee has a severe reaction and passes away, is the employer liable for compensation to the employee's survivors?

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MauldinT, where are you???


No


Sep 28, 2021, 1:43 PM
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No is the answer.

And neither is the pharma company. And neither is the govt.

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Nope, nobody is responsible. Just do what you're told slave.***


Sep 28, 2021, 1:44 PM
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I feel like every person who has ever compared modern...


Sep 28, 2021, 4:53 PM
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American life and government reach to slavery would probably not survive more than three days as an actual slave on a plantation.

In fact, I'm pretty comfortable that anyone who has ever compared any aspect of modern American life to slavery wouldn't last long on plantation.

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What was the thing about slavery that was wrong?***


Sep 28, 2021, 5:22 PM
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You know that owning other human beings as property


Sep 29, 2021, 9:58 AM
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is bad, right?

Why would you ask this question? I would expect the implication that slavery is a good thing from NC_Tiger_, but it's weird coming from you.

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Operators at Motley Rice are standing by


Sep 28, 2021, 2:22 PM
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But seriously, there is always a flip side.

Can employers be held liable if they don't provide a safe workplace?

https://www.newsweek.com/widow-sues-employer-alleging-lax-covid-rules-led-husbands-infection-death-1632846


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Lol...California. That lawsuit can't happen in SC


Sep 28, 2021, 2:46 PM
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It would be a worker's comp claim in SC. And there are some, but it is hard to prove because you have to show a pretty good case you got it through your employment. And when it's bad everywhere, well....

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Re: Lol...California. That lawsuit can't happen in SC


Sep 28, 2021, 4:42 PM
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I think McMastuh signed a new law giving basically giving immunity to employers unless the claimant proves by clear and convincing evidence that the covered entity or covered individual caused the injury or damage by:

(a) grossly negligent, reckless, wilful, or intentional misconduct; or
(b) a failure to make any attempt to adhere to public health guidance.

The odds are good that someone would win a case, even here in Laborcamp, SC, but only if they had the receipts.

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You can't sue your employer in SC


Sep 28, 2021, 5:12 PM
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Workers' comp is your sole remedy.

Basically the case law for covid claims are the same as occupational disease claims. You have to show you got sick at work basically, and that's hard to prove. But I've had a few covid death claims so far, usually tied to documented outbreaks with the employer.

That law from Gubnuh Mack Master was for civil litigation against companies. That being said, it opens up a heck of an opportunity to sue the state of SC, school districts, etc. since they passed a law outlawing the following public health measures.

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I'm surprised more suits aren't brought


Sep 28, 2021, 5:53 PM
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especially from some of these teachers who have died. The Governor's orders to the schools are in direct opposition of their own DHEC agencies guidance as well as federal guidance.


This seems like it would be an easy one to prove:

https://www.wsoctv.com/news/local/lancaster-county-middle-school-teacher-dies-covid-10-complications-district-says/PVGKPCNSINHZTPJZSYWMVTFBUY/


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Yes - for the very few times that actually happens***


Sep 28, 2021, 10:23 PM
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Replies: 11
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General Boards - COVID
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