Q: Can I sue my place of business if I contract covid?
A couple months ago, my place of business started a mask policy, but never enforced it. There were only a few people who wore a mask. Many higher-ups, who even started the policy, didn't wear the mask and considered the virus to be a joke. Today, somebody in the company has tested positive and it may spiral. Im worried I may have been infected. My mother just started chemo treatment for stage 4 colon cancer and if I can't visit her because I'm infected, I'm going to be very upset. I feel like this could have been prevented by the company in which I am employed. Can I sue my company for negligence or something similar?
These are new questions facing the court, but depending upon your injuries or specific facts, one of two scenarios is likely. Either, (1) you can file a suit for something like negligence, personal injury, or wrongful death against the employer, or (2) you can file a workers' compensation claim.
The elements for negligence may slightly differ depending on where you are, but typically in order to establish a cause of action for a negligent conduct, a plaintiff must establish that (1) the defendant owes him or her a duty; (2) there was a breach of that duty; (3) there is a causal connection between the defendant’s conduct and the harm incurred to the plaintiff; and (4) damages to the plaintiff.
Additionally, you may have the grounds for some form of personal injury or wrongful death lawsuit against an employer if: through intentional actions – like the failure to provide PPE or to follow health and safety mandates – the employer created a work environment that caused the employee to become ill, and significant injury, such as severe and long-term complications or death, resulted.
You might want to reach out and contact an attorney.
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