In this IIL accident webinar, Derek Adamson talks about the issues that will determine whether the claimant succeeds in a claim for Covid-19 disease arising from alleged exposure to coronavirus in the workplace.

Description

In this session, the speaker discusses the basis in law of such a claim exploring the legal principles applicable. This includes a discussion of the nature and scope of the duty of care, whether duties under the control of substances hazardous to health regulations 2002 apply, breach of duty and legal causation.

This webinar focuses on causation given the inherent difficulty in identifying where infection took place and whether the claimant will be able to establish actual causation namely that the breach of duty caused or materially contributed to the infection and development of the disease. Alternatively, absent that, whether a claimant will be able to invoke principles of legal causation based on contribution to risk either under Fairchild or relying on epidemiological evidence to demonstrate a doubling of the risk arising from alleged exposure in the workplace.

Learning objectives

• To understand the basis in law of employers’ liability claims linked to Covid-19 and to explore the legal principles applicable
• To appreciate the nature and scope of an employer’s duty of care
• The principles of legal causation with particular reference to Fairchild

Speaker

• Derek Adamson, Partner, Insurance, Head of Occupational Health & Casualty, DWF Law LLP