Lawyers Prep For Zika Impact

Now that the Zika virus has been discovered in areas of Florida, lawyers in the U.S. are preparing for how to help employers handle the practical and legal impact it may have. At least one law firm – Ogletree, Deakins, Nash, Smoak & Stewart – has created a Zika rapid response team. Miami-based Stears Weaver Miller Weissler Alhadeff & Sitterson P.A. has been fielding calls every day from employers concerned for workers who spend time outside or are pregnant, shareholder Lisa Berg told Bloomberg BNA. Workers who contract the virus at work might find it difficult to get workers’ compensation because “there would have to be proof that the mosquito bite occurred at work,” said Phillip Russell, an Ogletree shareholder in Tampa. That may lead to “an interesting evidentiary discussion,” he said, adding that a Zika infection could be considered a disability requiring reasonable accommodation. OSHA has issued guidance suggesting workers use bug spray and wear clothing that covers their arms and legs. Lawyers are advising employers to be vigilant about enforcing a dress code for workers who may be exposed.