Queens Attorney for Fatal Coronavirus Exposure at Work

Every day, there are reports of thousands of new cases of people getting sick with coronavirus. Thousands of employees are at risk of facing this alarming situation every time they show up to work. One of the most debated facts about the coronavirus pandemic is many hard-working Americans have to keep showing to their workplaces despite the lack of proper protection.

You can fight for the compensation you deserve if your loved one was exposed to coronavirus at the workplace and died. Our Queens, NY attorneys for fatal coronavirus exposure at work from Sullivan & Galleshaw LLP, can fight aggressively and strategically to get the compensation you deserve.

Fatal Exposure to Coronavirus at Work in Queens

There is no denying the arrival of the novel coronavirus has changed most of what we were used to. This is especially true for those who have lost their job during the pandemic or those who were exposed to the virus at their workplace. When it comes to coronavirus (COVID-19) and the workplace, there are many questions – many of which have no straight answer. Often, workers are concerned they may get infected if they return to work.

Since the arrival of the pandemic to the U.S., much of the focus has shifted towards healthcare providers and first responders. These – along with other workers – have been at the frontline attending the thousands of people in need of medical assistance. One of the most heated topics during the last couple of months has been the need for personal protective gear or “PPE.” The most troubling fact about the lack of PPE is many nurses, doctors, and other healthcare workers have contracted the virus while at their workplace.

But what happens to workers who are not necessarily at the frontline – as is the case of healthcare professionals – but have contracted the virus at their workplace? There have been numerous reports stating that workers at places like grocery stores, warehouses, and meat processing plants have contracted the virus. The fact is there are thousands of cases of people infected at their workplace who are now looking for a way to deal with their situation. Our Queens attorneys for fatal coronavirus exposure at work explain the potential solutions to a situation involving coronavirus at the workplace.

Compensation for Fatal Coronavirus Exposure at Work in Queens

It is essential to understand the workers’ compensation system and its role during the pandemic. The workman’s comp system is an insurance program assisting workers who suffer an injury or develop an occupational disease. Qualifying workers have the chance to get financial and medical assistance provided by this system. One of the critical elements in any of this type of claim is your injury or illness must be strictly related to your work. In other words, you need to show your disease was contracted during the course of your work. In many coronavirus cases in Queens, you might be better off filing a lawsuit.

Many hard-working Americans face a significant hurdle when trying to file a workers’ compensation claim based on coronavirus. The workers’ compensation system doesn’t have a clear definition of coronavirus in terms of an occupational disease. Generally, the workers’ compensation system assists with on-the-job illnesses only, and they discard ordinary diseases such as the flu. Since coronavirus has affected – and continues to affect – so many people, the system may view these types of cases as ordinary, rather than an on-the-job acquired illness.

There may be instances where the workers’ compensation system can allow healthcare workers to qualify for their benefits. However, there is a caveat. When you file a claim with workers’ comp and get benefits, you give up your right to sue your employer directly. This means you can get compensation for your medical bills and lost wages. While you can have access to these benefits, they may not be enough to cover all of your losses, especially during the pandemic.

However, there are exceptions to this general rule. You may able to file a claim against your employers in different circumstances. For instance, you can sue your employers is they fail to provide you with workers’ compensation. Additionally, you can file a claim against your employer is they engaged in gross negligence.

Filing a Claim Against an Employer for Fatal Coronavirus Exposure at Work in Queens

Filing a claim against your employer after being fatally exposed top coronavirus at work can be challenging. To illustrate how this type of claim works, we will focus on gross negligence. Gross negligence refers to the complete disregard for the safety of another person in a given situation. As a plaintiff, you have the burden of showing you were fatally exposed to coronavirus due to your employer’s gross negligence.

Like other personal injury claims, you – the plaintiff – will need to prove four main elements in your lawsuit. These elements are known as the legal duty, breach of duty, causation, and losses. The first element in your claim requires you to show your employer owed you a duty to make sure you were safe at work at all times. Second, you will need to show – through evidence – that your employer failed to meet their legal duty. You can provide evidence showing the lack of safety protocols, protective equipment, and every precaution to prevent you from contracting the virus. Third, you will need to show there is a direct link between your employer’s actions or omissions and your subsequent losses. Finally, you will need to show the court that you suffered injuries that the court can compensate you for.