I am still looking for the large number of liability claims against grocery stores and big-boxers.
There is no legal status known as “essential” that dismisses public liability.
If Kroger isn’t getting sued willy-nilly and right-and-left, employers don’t have any worries.
Two problems with Covid lawsuits from the plaintiff's perspective:
(1) How does one prove how and where they contracted the virus? They can't.
(2) People know the virus is out there, so if they willingly go out to a grocery store, Walmart or wherever they are assuming the risk they will come in contact with it.
You can bet the defense lawyers for the insurance companies would be fighting these cases tooth and nail. Personal injury lawyers do not take on cases that are difficult or impossible to win or settle and these cases would be very difficult or impossible to win or settle.