Four Ways QSRs Can Avoid the Risk of ‘Serious & Willful Neglect’ Workers’ Comp Claims

Fast food giant McDonald’s is no stranger to litigation, having defended itself against lawsuits over everything from racial discrimination to hot coffee. But it also has a pandemic era precautionary tale to share with other quick-serve restaurants about going the extra mile to keep workers safe from contagion.

McDonald’s is among the growing number of employers to be hit with a lawsuit by a group of Chicago employees claiming the company failed to meet expert recommendations and government guidance for on-the-job protections against COVID-19.

It’s a lawsuit under Part B of workers’ compensation insurance – a claim of “willful neglect” that has been rare until this year. It requires meeting a high legal bar in proving an employer purposely failed to act appropriately to provide to employees’ health and safety, and in doing so put workers at risk of injury, sickness or death. These claims also have been rare because some states do not provide a provision for Serious &…