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Can you sue your employer if you get the virus at ISC / can you sue ISC
March 9, 2020
Special Notice:  We have alarm accounts for sale in mid New Jersey.  Approx $40,000 monitoring RMR.  80/20 residential / commercial.  A few commercial fire.  All service "per call".  90% on closing; one year guarantee secured by 10% holdback. Most accounts have Kirschenbaum Contracts ™ contracts.   Contact Ken Kirschenbaum,Esq.  516 747 6700 x 301 
Can you sue your employer if you get the virus at ISC / can you sue ISC
            You’ve got one week to decide if you’re going to ISC in Las Vegas.  Employers are making the decision for themselves.  But if you’re an employee you may be required to go, or at the very least, expected to go.  While refusal to go may not result in termination of employment, the concern for consequences for not being a team player may be real.
            The treat of the Coronavirus looms over all who attend ISC; it’s a real concern, especially in this industry event that brings together people from all over the world.  An article in IPVM raised the question of whether an employee could sue his or her employer if they contracted the Coronavirus.  The answer is, they can’t.
            If we go back far enough in time employees could sue employers for work related injury.  However, if the employee was at least partially at fault the lawsuit was barred.  Other issues may have involved the solvency of employers to respond to lawsuit for employee injury.  Over 100 years ago the law changed, in all states, and workers compensation laws were enacted.
            Workers' compensation law is a system of rules in every state designed to pay the expenses of employees who are harmed while performing job-related duties. Employees can recover lost wages, medical expenses, disability payments, and costs associated with rehabilitation and retraining.
            Because employees of the federal government are covered under the federal workers' compensation insurance program, they are not covered by state workers' comp. Some states do not enforce the workers' compensation program on employers with fewer than 3 to 5 employees working for them. This varies from state to state.
            Typically, there are four basic eligibility requirements for workers' comp benefits:
You must be an employee.
Your employer must carry workers' comp insurance.
You must have a work-related injury or illness.
You must meet your state's deadlines for reporting the injury and filing a workers' comp claim.
            We know that employees injured on the job are entitled to workers comp and not permitted to sue their employer.  But, what we don’t know is whether contracting the Coronavirus while transporting to and from, and attending the ISC, would qualify for a work related injury.  It’s doubtful that anyone has been successful claiming workers comp benefits for a cold or even the flu.  If they get sick enough they may qualify for Disability Insurance coverage.  
            Whether workers comp applies may turn on whether the employee’s attendance at ISC was mandatory or voluntary.  Also, workers comp doesn’t kick in from day one; there are scheduled illnesses.  It’s likely that an employee would have to contract the Coronavirus and require hospitalization for weeks if not months, or die as a result of the illness.  S, no lawsuit against the employer and slim chance that workers comp will apply,
            What about suing ISC?  Even more doubtful.  You have the option of not going.  Unless ISC defies a public health ban and hides that ban from the attendees, I can’t see any liability.
            I know a lot of exhibitors and attendees have canceled plans to attend the ISC.  So far, I’ll be there and I hope to see you.

Schedule Free Private meeting while at ISC with Ken Kirschenbaum - SOLD OUT [call to get on waiting list]:
            I am scheduling free meetings at ISC now for March 17, 2020. [18th and 19th are booked solid].  The meetings are free and scheduled in half hour increments.  Any issues can be discussed or just stop by to chat.  To reserve a time please contact Stacy Spector,Esq at 516 747 6700 x 304 or

Round Table Discussions while at ISC, at Palazzo Hotel.  Free to participate.  Space very limited so book now.  Call Stacy Spector,Esq at 516 747 6700 x 304 to reserve your seat. [waiting list available for sold out Roundtables]
Round Table:  March 18, 2020 at 11 AM.  Join Morgan Hertel, VP of Technology and Innovation, Rapid Response Monitoring and Ken Kirschenbaum for a round table discussion on current state of monitoring including technology and well as outside influencers like minimum wages and privacy laws. 
Round Table: March 18, 2020 at 1 PM.  Join Mitch Reitman and Ken Kirschenbaum for a round table discussion on Taxes and Corporate issues for alarm companies relevant when selling or buying accounts. Sold Out
Round Table:  March 18, 2020 at 2 PM.  Join Ken Kirschenbaum for a round table discussion on Selling or buying alarm accounts and RMR issues.  Notice:  Ron Davis can't make it. 

Round Table: March 19, 2020 9:30 AM [note new time change] Join Troy Iverson, VP of Sales, Brian Davis, CFO of AvantGuard Monitoring Centers and Ken Kirschenbaum for a round table discussion on the Current state of the Financial/Capital Market Stability in the Security Industry and necessary agreements needed for security companies. (Titian 2202 Meeting Room just off the show floor)
NEW: Round Table: March 19, 2020 at 11:30 AM.  Join Don Maden, EVP, COPS Monitoring and Ken Kirschenbaum for a round table discussion on how your monitoring company can help you avoid a lawsuit. 
Round Table: March 19, 2020 at 1 PM.  Join Sharon Elder, VP Sales, USA Central Station and Ken Kirschenbaum for a round table discussion on the value of quality video contracts and services  Sold Out
Round Table:  March 19, 2020 at 3 PM.  Join Bart Didden, Executive Claims Administrator, Security America and Ken Kirschenbaum for a round table discussion on Errors and Omissions Insurance Claims and Risk Management

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301