NYC Attorney for Fatal Coronavirus Exposure at Work

Facing an infectious disease such as coronavirus is never easy. Nobody should go through the challenges, pain, and suffering this illness cause. Unfortunately, thousands of Americans have lost their lives while fighting against the novel virus. Many workers have been fatally exposed to coronavirus and can’t help but wonder if there is something they can do to get compensation for things such as their medical bills, lost wages, and pain and suffering.

Our NYC attorneys for fatal coronavirus exposure at work from Sullivan & Galleshaw LLP can help if your family member or loved one died due to being exposed to the virus. Call our law firm today at (718) 843-0300 for a free consultation.

Coronavirus and Exposure at the Workplace in NYC

The novel coronavirus – also known as CVOID-19 – has caused unrest and uncertainty in the general population. This is especially true for workers who are unable to get back to work. However, these are not the only workers affected by the challenges created by coronavirus. Federal and state government has made a clear distinction between essential and non-essential workers. Essential workers are those who are needed at the frontlines to provide services for those most affected by coronavirus. Examples of crucial workers include nurses, doctors, firefighters, and police officers – to name a few.

While essential workers can return to their workplaces – compared to millions of people who are unable to return – this doesn’t mean they will be risk-free. Over the past few months, there has been a heated nation-wide debate regarding essential workers and their exposure to the deadly COVID-19. Most of the time, the discussion surrounds the subject of PPE (personal protective equipment) shortage and overexposure to coronavirus.

For instance, essential healthcare workers, such as nurses and doctors, have been forced to work long hours to take care of the wave of infected people. As you may know, New York has one of the highest rates of coronavirus infections in the U.S. As a result of the overwhelming number of patients and the lack of necessary equipment, many workers have been fatally exposed to COVID-19 at the workplace and unfortunately have lost their lives. If you believe you were exposed to coronavirus at work in NYC, our lawyers can help.

Can I Sue My Employer After Being Fatally Exposed to Coronavirus in NYC?

Many infected workers have doubts regarding coronavirus and the possibility of suing their employers after contracting the illness. Typically, workers are covered under the workers’ compensation insurance in case of a workplace injury or occupational disease. The workers’ compensation system can provide medical and financial assistance to injured or sick employees who qualify for their benefits. However, there has been much debate as to whether an employee can get workman’s comp benefits for coronavirus, and you might be able to sue instead.

Even, after all we know about the coronavirus and the potential implications for workers exposed to this disease, getting workers’ compensation benefits may seem difficult. However, if you are an essential worker such as a nurse, doctor, or police officer, you may have better chances of getting compensation. There are some who believe since coronavirus is a disease affecting millions of people every day, it should be treated as a common infectious disease – such as the flu. For this reason, the workman’s comp system may argue COVID-19 should not be considered an occupational disease.

Fortunately, there is hope for first-responders and those working in the front lines of the pandemic. These workers are at higher risk of exposure at their workplace, which can be an argument in favor of granting compensation for an “occupational disease” rather than a common infectious one.

However, the critical question for severe coronavirus exposure at work in NYC is whether an infected employee can sue their employer for being fatally exposed. This is a subject generating intense debate. Generally, a person who receives coverage under the workers’ compensation system is barred from filing a lawsuit against their employer. In other words, you relinquish your right to sue in exchange for medical and financial assistance after workplace injury or occupational disease.

Nonetheless, there are instances where you can jump this general hurdle and go against your employer. Some exceptions may allow you to file a lawsuit against your employer. While negligence is something addressed in the general dispositions of workers’ compensation claims, gross negligence is not.

Gross negligence refers to the voluntary disregard of prudent, reasonable care in a given situation or circumstance. The lack of regard for the safety of others often leads to preventable and otherwise foreseeable injuries or harm. You may argue your employer engaged in conduct that qualifies as gross negligence. For instance, you can say your employer failed to provide safety protocols (social distancing, reasonable accommodation(s), and safety measures, etc.), which led to your subsequent infection.

There are essential elements to consider when deciding to bring a civil action against your employer after being fatally exposed to coronavirus at your workplace in NYC. First, it is essential to understand that you have the burden of showing the defendant’s gross negligence as a plaintiff. In these types of cases, you can establish gross negligence by showing the defendant owed you a duty of reasonable care, and you suffered losses due to their deliberate disregard for your safety.

It would be best if you considered all of the available options during this time of need. Facing a complicated case involving coronavirus at the workplace can be complicated. It is always in your best interest to retain the services of a skilled NYC attorney for fatal coronavirus exposure at work.