Can I Sue My Employer for a Covid-19 Death in MA

Can I Sue My Spouses’ Employer For Death from Contracting Covid-19 at Work?

 

As Covid-19 cases continue to rise in Massachusetts and other states in the nation, wrongful death lawsuits against businesses are also on the rise.  Currently there a myriad of employers targeted in legal battles regarding employee deaths due to Covid-19. The primary reason for these lawsuits stems from negligence by the employer to properly protect employees from Covid-19 while they are working within the business workspace.

If you are the spouse of an employee that died after contracting Covid-19 at work, you do have options, but the laws are still unsettled at this time, and there are details you should be aware of. For Questions on This Subject, Call Covid-19 lawyer Todd Beauregard at Call Us Today! 978-275-1919.

What to Know About Suing Employers for Covid-19-Related DeathCan I Sue my Employer for Death from Covid-19

The core issues surrounding a suits against your spouses’ employer for death from contracting Covid-19 at work deals with proving the virus was contracted at the workplace. Firstly, it’s extremely challenging to identify the source of contact with the virus and prove it was actually contracted in on specific location. Secondly, employees or family members have a tough time winning these lawsuits unless they can prove gross and willful misconduct or neglect by the employer. In other words, the chances of making progress in Covid-19 lawsuits increase if, or when workers were required by employers to work during Covid outbreaks without proper safety or implementing regulation health precautions.

There is some progress being made when it comes to defending Covid-19-related wrongful death cases against businesses. For instance, OSHA (the Occupational Safety and Health Administration) indicated that employers should be required to keep illness logs at work that may identify if a worker contracted Covid-19 on the job. This requirement was made relevant to all employers whereas previously it was only implemented for first-responders and essential workers.  These illness logs may assist a case in determining if an employee’s death was directly job-related.

Other Complications to Consider When Suing Businesses for Covid-19 Employee Deaths

The increase of lawsuits begs attorneys and legislature to take a close look at the cause and effects prompted by legal proceedings. Some attorneys state these suits are filed in order to get around the workers’ compensation system.  Workers’ compensation typically offers fewer gains in terms of benefits or cash settlements in job-related deaths versus direct lawsuits against an employer.

Additionally, with more and more lawsuits filed, more employers are concerned about liability.  Small businesses are especially troubled because surviving OSHA inspections while trying to stay in business is expensive. Adding litigation expenses on a small business budget could easily annihilate the business to close its doors permanently.

Because business is essential to state and national economy, these concerns may influence federal legislators to take actions in favor of shielding employers from devastating (or even bankrupting) effects of these lawsuits.  Furthermore, as these lawsuits continue to rise, it may be likely federal rulings could protect employers from liability from these legal wrongdoings.

If you feel you have a case to sue your spouses’ employer due to a Covid-19-related death, the process can be uncertain. Laws are in constant flux to contend with rising concerns regarding Covid-19 legal issues. That is why your best option is to Contact Us Today to speak with a qualified Covid-19 injury law firm in Massachusetts for clear counsel about your case. Call Us Today! 978-275-1919.

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