The pandemic has brought along with it many complicated things, such as having to work from home, wearing a mask most of the time, and trying to avoid catching the virus on a daily basis.
But what can you do if your employer is committing Covid negligence?
You may have a right to sue, especially if they have not taken any steps to try to prevent a Covid-19 outbreak with everyone back at work.
If you are in this situation, you should contact an employment lawyer who will be able to advise you on how best to proceed.
So, let’s take a look at Covid negligence at work more closely.
What Is Covid Negligence?
Covid negligence is when employers fail to take reasonable precautions to protect their employees from contracting or spreading Covid-19.
This includes failing to provide adequate PPE (Personal Protective Equipment), training staff about Covid-19, providing enough space for social distancing, ensuring that there is no overcrowding of the workplace, and making sure that all workers are safe.
Covid negligence could include:
Failing to provide hand sanitizer.
Not providing protective equipment.
Not providing sufficient space for social distancing.
Not providing masks.
Not providing gloves.
Not providing cleaning products.
Not providing soap.
Not providing disinfectant.
Not providing information about Covid-19.
Not providing training.
How Can You Prove Covid Negligence In Court?
If you believe your employer has committed Covid negligence, then you need to prove three elements:
1) That the employer had a duty of care towards you;
2) That the employer failed to meet that duty of care; and
3) That this failure caused you harm.
The first element is easy – the employer owes you a duty of care because you are an employee. However, proving that the employer breached that duty is more difficult.
To show breach of duty, you must prove that the employer did something negligent.
For example, if you were working in proximity to someone who was infected, then you would likely have a case against them.
The second element is also fairly straightforward. You must show that the employer’s actions or lack thereof actually harmed you.
For example, if your employer didn’t provide you with any protection, but you ended up getting sick anyway, then you might have a claim.
However, proving causation is much harder. It is often impossible to know whether Covid-19 would have been caught earlier without the employer’s negligence.
For example, if an employee works in a factory and gets exposed to Covid-19, but the employer does not provide him/her with PPE, it is possible that he/she could have contracted Covid-19 even though the employer was negligent.
This means that you may only be entitled to compensation if you can prove that Covid-19 would not have spread if the employer had acted differently.
What Are Your Options After A Covid Negligence Claim?
There are two main options available to you after you have filed a claim for Covid negligence. These are either going to court or taking part in mediation.
Going to Court
In some cases, you may want to go straight to court. This is usually the most effective way to get justice.
The problem is that it takes time and money to do so. It will cost you at least $500 to hire a lawyer, plus another $500 for legal fees.
If you win, however, you will receive damages which could amount to tens of thousands of dollars.
Mediation
Another option is to try to settle your claim through mediation. Mediation is a process where both sides work together to come up with a solution.
There are many benefits to using mediation instead of going to court. Some of these benefits include:
No upfront costs
Quick resolution
Reduced stress
Better outcomes
Mediation is especially useful when there is no clear winner. For example, if one party is clearly guilty of negligence, while the other party is innocent, then it makes sense to use mediation.
You should always seek advice from a lawyer before deciding on how best to proceed. This way, you will not waste money.
Are There Any Challenges That Might Be Faced From This Type of Case?
It is important to note that Covid negligence claims are very complex. The law surrounding this type of case is constantly changing as new information comes out.
Therefore, it is essential that you consult with a qualified attorney about your specific situation. They will be able to advise you on what steps need to be taken next.
Will I Lose My Job If I Lose the Case?
Unfortunately, losing a case like this can lead to serious consequences. In fact, some employers already refused to pay their employees during the height of the crisis.
As such, it is imperative that you take every precaution necessary to ensure that you win.
This means, always make sure that you have the evidence to prove that your workplace hasn’t provided you with the necessary steps to avoid their workers from catching Covid-19.
If you lose due to not having everything you need for the case, then there is a chance that you may end up losing your job.
Final Thoughts
Covid-19 has affected the way we work and live. Whilst we have returned to some kind of normality, those who are vulnerable are still most at risk.
With this in mind, you should do everything you can to stop the spread of Covid. If you do not have the appropriate measures in place at work, then this isn’t always possible.
This may in turn mean that you, yourself, catches Covid-19 whilst attending to your job. When this is the case, and if you can prove that you got it through Covid negligence at work, then you may be able to sue your employer.
Even so, it can be quite tricky. Having said that, it still may be worth speaking to a lawyer to find out what your rights are, and whether you have a good case with the potential to win.
Hi, my name is Andrea Symth. A couple of years ago, I was stuck in a dead-end job where the workers were severely underappreciated and overworked. The office was old and falling apart around us, yet management didn’t seem to care.
Last summer there was a fire in the building.
That was what spurred my idea for Can I Sue, an online source to find out whether you have the grounds to sue or not, as well as helpful tips that you might need during the process.
