Bills Would Create Exception to Exclusive Remedy for Inadequate COVID Protections

A pair of bills introduced in the Hawaii Legislature would create an exception to workers’ compensation as the exclusive remedy for workplace injuries when employers fail to maintain adequate protections against COVID-19. Senate Bill 1415 and House Bill 1224 have identical language creating an exception to exclusive remedy. Other language in the bill would appear to create a presumption that workers who contract COVID-19 did so because their employers failed to institute appropriate safety measures. Both measures would create a presumption “that COVID-19 has been proximatel...