Can You Sue Your Employer In New York City If You Were Exposed To Covid-19 At Work?

COVID-19 had extensive effects on numerous individuals. In addition to COVID, certain individuals have also experienced the symptoms of ” Long COVID “. The consequence is a serious health problem that can have life-altering effects.

Can You Sue Your Employer for Exposure to COVID?

Numerous employees have considered filing a lawsuit for COVID exposure. However, they would need to overcome a few obstacles before suing an employer for COVID.

Before you can sue your employer for COVID, for instance, you must demonstrate that you contracted the virus at work. People may be exposed to COVID-19 while grocery shopping. Children may have brought the virus home after being exposed to it at school.

Therefore, proving that you contracted COVID at work could be challenging. However, working in a high-risk environment may make it easier to demonstrate that you became ill on the job. Many health care workers, for instance, were exposed to COVID daily.

Another legal obstacle is demonstrating that your employer did not take reasonable precautions to prevent employees from contracting COVID-19. For example, was PPE (personal protective equipment) provided by your employer? Your employer’s failure to comply with accepted duties of care may have contributed to your contracting the coronavirus.

Throughout the coronavirus pandemic, the requirements to reduce the risk of exposure changed. Consequently, the accepted duties of care may have evolved. You would need to demonstrate when you contracted the virus, the required level of care at the time, and that your employer failed to meet this standard of care.

Due to the pandemic, special state and federal laws regarding COVID-19 were passed. These laws may have an effect on a COVID lawsuit filed against an employer. Talking to an experienced New York workplace injury attorney is the only way to determine whether you have a workers’ compensation claim or a claim directly against your employer.

Can You Sue Your Employer for Workplace Injuries or Illnesses?

Generally, workplace injuries and illnesses are covered by workers’ compensation laws. Typically, workers can only file claims through the workers’ compensation system. There are, however, exceptions to the rule of exclusive remedy for workplace injuries.

A worker may have the right to sue their employer if:

  • The employer lacked the required workers’ compensation insurance; or the employer caused the employee’s injury on purpose.

Assaults and other intentional torts can result in a lawsuit against an employer. However, other actions may qualify as an exception.

As an example of an intentional tort, requiring workers to use faulty or defective equipment on purpose could qualify. Failing to provide required protective equipment could result in a lawsuit against the employer.

Employer-filed workplace accident lawsuits are highly complex injury cases. You must overcome numerous legal hurdles. Before filing a lawsuit against an employer for a workplace injury, consult with an experienced New York workplace accident attorney.

Suing a Third Party for a Workplace Injury or Illness in NYC 

Some workplace injuries may involve a third party. Workers’ compensation does not absolve third parties of responsibility for workplace injuries.

The following parties may be liable for your workplace injury:

  • Real estate owners
  • Employers and subcontractors
  • Engineers Manufacturers of defective equipment or tools
  • Architects Accident-Causing Drivers
  • parties who intentionally cause an employee’s injury are liable

The purpose of filing a lawsuit against a third party or an employer is to recover compensation for all of your damages. Employees are not compensated for pain and suffering by workers’ compensation. In addition, workers’ compensation only reimburses injured employees for a portion of their lost wages.

You can recover compensation in a lawsuit that would not be available in a worker’s compensation case.

Economic damages awarded in a court case may include:

  • Indemnity for the total amount of lost wages
  • Cash-paying expenses
  • Home-based nursing care
  • Future wage losses and diminished earning potential
  • Personal care and home maintenance

A lawsuit can also compensate an employee for non-economic damages, such as:

  • Emotional distress
  • Physical suffering and pain
  • Disability and impairment
  • Mental suffering
  • Loss of life’s pleasure
  • scarring and deformation
  • Decrease in life’s quality

Even though workers’ compensation is generally an exclusive remedy for workplace injuries, your situation could be an exception. After a workplace illness or injury, seek medical attention immediately. Then, seek legal advice from an experienced New York workplace injury lawyer.

Contact Our Personal Injury Law Firm

Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.

Abrams Law Group
104-70 Queens Boulevard, Suite 502
Forest Hills, NY 11375
(718) 997-9797

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