ST. LOUIS (KMOX) - As businesses prepare to reopen after the coronavirus shutdown, their owners and workers will be facing several legal issues.
"The challenges for companies to open up right now are truly daunting," says KMOX Legal Analyst Brad Young.
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Young says businesses have to decide between the economic impact of remaining closed and the possibility of being sued by someone who contracts COVID-19.
"You don't want your people to come back and get exposed to COVID at work, then you're going to have workers' compensation claims," he says. "You also don't want to have customers come into your facility and allege they've contracted that disease at your place of business, because then you'll face civil litigation like Walmart already is in several states, including Illinois."
Young says Missouri and Illinois are making business owners prove the plaintiff didn't contract the virus at their business, rather than the other way around.
For workers, Young says if their employer opens, they can't collect unemployment, unless, "If you can demonstrate that there's a risk or harm going back to work, then that employee may be able to refuse to go back to work and still receive unemployment benefits."
Young says it's all a balancing act for business owners and employees.
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