Learning about the potential ways to get relief from COVID-19 when exposed to it in the work premises is essential. Working in the commercial or corporate sectors brings the dangers of getting infected with COVID-19.
Now, here’s a question: Can you sue your employer if you get COVID? To begin with, you will have to consider certain norms. In case the employer didn’t take reasonable steps or precautions for protecting you and the co-workers from the infection, you can attempt suing him.
In this write-up, you will come to know whether there is a way of filing a legal report about your employer or not.
Usually, you will come across legal hurdles involved in suing the employers outside of the workers’ compensation system. But there will also be options for overcoming all these problems. These apply to limited circumstances and involve taking legal action against the employer.
Becoming sick because of your work premises means you will get the general limit to the benefits. This aspect means that you won’t get the opportunity to sue your employer for compensation. However, there is an exception to it.
The exception is usually variable from state to state. But it is generally inclusive of circumstances such as:
- an employer doesn’t have worker’s compensation insurance
- someone other than the employer has caused you the illness
- you have become ill because of the employer’s intentional wrongdoing.
- you are living in a state where the workers’ compensation doesn’t cover infectious illnesses
Let us come to the point where you can file a lawsuit against an employer for ignoring the safety measures. Many of the workers have already complained about employers who have intentionally made employees catch the infection. One of the significant reasons is failing to provide adequate masks. They also fail to give other appropriate protective equipment.
However, it is good to remember that there’s an opportunity to sue in most of the states. It applies only when there is a proof showing the employer’s specific intention to harm the employees. In other states, there are standards for the exception in the more advanced form.
It’s still not clear how judges are viewing the exception in the context of COVID-19. The same applies to the government agencies and authorities.
Note that several states have already passed the laws for giving the employers the required protection. Some of these laws are also applicable to the primary healthcare providers, while others extend the liability field to all the employees. Some states have the perfect set of protocols for the employer for the lawsuits, based on the employee’s exposure to Covid-19 at the work premises.
Opportunity for filing a lawsuit based on exposure to COVID-19
Suppose you get infected with COVID-19 while working with the crew members or other qualified employees while going on a cruise ship. In that case, there will be a federal law that will give you the right to sue your employer for failing to provide you with a safe place of work.
Being infected with COVID-19 means that the conditions at your workplace are concerning. It highlights the risk of exposure in the workplace. You can go ahead with filing a complaint with the Federal Occupational Health And Safety Administration by hiring a workers’ compensation lawyer. According to the federal law, the employer is never allowed to discipline you, or fire you in any form of delegation against you for filing the OSHA complaint.
That said, you will also have workplace rights during the pandemic. It includes the right to refuse to work when exposed to hazardous conditions. If an employer fires you for taking that step, you can sue your employer on the grounds of wrongful termination.
Some workers have already taken the opportunity to use the state public nuisance laws. They have sued their employers for infecting the public by failing to provide the required steps for protection.
Getting the legal help
When it comes to everything related to the pandemic, you will get the legal options to take action in case you’ve been infected at the workplace. But it comes inclusive of the state’s actions and norms, the Federal government responding to the practices on behalf of businesses, and other such factors.
Suppose you find that you have contracted the disease right in the workplace. In that case, it’s worth considering talking to an attorney. He/she will be helping you out with their relevant experience. The assistance applies to the worker’s compensation and personal injury. The help will ensure access to get relevant compensation. For more updates, stay tuned with us and let us know your opinion in the comment section.
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