Companies across the country have halted operations and have requested employees to work from home during business hours in an effort to combat COVID-19. During this time many companies face an uncertain financial future as well as their employees contracting the Coronavirus and being held accountable for not putting in place proper procedures, policies and strategies to control the situation.
Employees in the United States are protected from physical harm at work by the Occupational Safety and Health Act (OSHA). This means that if you contract the Coronavirus at work, your employer might face penalties.
OSHA currently hasn’t released specific laws covering COVID-19. With that being said, can you sue your employer for putting you at risk and contracting Coronavirus at work?
When Can You File a Lawsuit for Contracting Coronavirus at Work?
You are entitled to a lawsuit if you can prove your employer intentionally hurt you. To sue your employer, you have to show that they intentionally put you at risk of contracting the virus.
Section 5 (a) (1) requires employers to provide a workplace that is “free from recognized hazards likely to cause serious physical harm or death” at the work place. Under this act, you can hold your employer liable for violating this general duty clause if they saw the possibility of contacting the Coronavirus but they failed to take reasonable steps to prevent the infections.
For instance, if your workplace requires you to physically interact with different people during this pandemic, they’re obligated to implement measures that reduce the risk of employees contracting and transmitting the disease.
This includes providing hand sanitizers or hand washing facilities, disinfecting public surfaces regularly and providing n95 masks to prevent infections. If your employer doesn’t provide this kind of protection for his workers, then you can hold them liable if you contract the virus.
Additionally, your employer should restrict work-related travel unless it’s essential. If your employer needs you to continue going to work, they should make it compulsory that anyone who has a fever or any other symptoms should stay home. They should also use additional screening tools to identify employees who might be symptomatic.
Employers are also obligated to inform their employees the best practices during this pandemic as well as reiterate any temporary rules addressing health and safety during this period. Your employer should follow the guidelines put in place by OSHA and CDC to mitigate their liability risks.
Employers are also obligated to inform the rest of their employees if they identify an employee that’s been infected by the virus. This will help them identify who else has been exposed to the virus when they interacted with the infected employee. To protect the infected employee’s safety, employers are required to protect the employee’s identity confidential.
If you are confident your employer failed to do all the above, you can hire a personal injury lawyer to help you with your case. They can help you prove that you contracted the virus at work and who should be held liable.
Keep in mind that COVID-19 is a pandemic and it would be hard to determine where you contracted the virus.
Who Else Can You Sue if You Contract Coronavirus at Work?
If you contracted the virus at work and you believe someone other than your employer was responsible, then you have the option to sue them. For instance, if you believe you contracted the virus because of a defective n95 face mask or sanitizer, then you can file a lawsuit against the manufacturers.
Keep in mind that if you do win the lawsuit, a part of the recovery will go back to your employer to repay the workers compensation benefits that you were awarded.
How a Workers Compensation Lawyer can Help
If you reside in Hyannis, MA, and you or a loved one contracted Coronavirus because of the negligence of your employer, then you can contact us at 508-775-1660 for a free initial consultation.
It’s not always automatic that if you are injured at work you will have a worker’s compensation claim against your employer. There is always the possibility that you will have a civil claim against your employer. The only person who can determine which direction your case should take will be your workers compensation lawyer.
We can help you figure out the next steps and our team of experienced lawyers will help you through the process.
