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AGC Puts Forth Construction Firm Liability & Workers Comp. Protections; Protect Good Actor Construction Firms and the Viability of Workers Compensation System

On June 4, AGC provided key members of Congress with its recommendations and white paper, detailing construction employer COVID-19 liability protections and unreasonable workers compensation burdens. Among other things, AGC called for Congress to: (1) Assure low exposure risk businesses, like construction firms, that they will not face suits if they reasonably comply with relevant guidelines during the crisis and after reopening; (2) Limit claims alleging COVID-19 exposure in the course of the provision of lawful business to situations of gross negligence, willful misconduct, intentional criminal misconduct, or intentional infliction of harm; and (3) Bar states from enacting workers compensation claim presumptions that irrationally treat all job classifications the same – or at equal risk of exposure to COVID-19 – because higher risk jobs, like healthcare or morgue workers, are inherently different from lower risk construction jobs. Without such legislative action, it will be more difficult for the construction industry to help stem the tide of job losses and build the path to economic recovery. That is why these protections are a top priority for AGC and its members.

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