Coronavirus-related lawsuits are almost guaranteed in the weeks, months, and years ahead. Lots of them. Not just because many will be justified, but because the global pandemic has slammed us with a great economic and personal cost, and many of us will be looking to become whole again once most of the danger has passed. That means placing blame on those who allowed the pandemic to become this bad. Placing blame means litigation.
So can you sue your boss if you were infected with the novel coronavirus at work?
Probably not. More than likely, you would have to prove that it was your boss’s negligent actions that resulted in the spread of the virus. That’s almost impossible to prove in most workplaces around the country.
What cases will hold the most weight in court?
Well, let’s say your boss forces you to work while you’re sick. If you can document the interaction between you and your boss, or you have multiple witnesses who will back up your story, then you have a great case. It becomes an even greater case if you can prove that your boss forced you to work while you were sick with coronavirus or the disease it causes, COVID-19.
You can also try to argue that the lack of sick leave offered at a particular company compelled you to work while you were infected. There’s a weak case there somewhere, but you’ll need to find a personal injury lawyer who believes that you make a compelling victim. Right now, our law firm is not taking on these types of cases — in part because you are partly to blame for spreading the infection causing so much damage, and we don’t believe judges want to hear from you.
Another potential case might be built if you are a worker for an essential business, but your boss did not take the necessary precautions to keep you from becoming infected with the virus. If you work for a restaurant offering takeout, for example, but there are no gloves or masks provided — then you might have a case.
The last possibility involves someone willingly infecting you with the virus. For example, one man filmed himself licking Wal-Mart products while asking “Who’s afraid of the coronavirus?” and was subsequently arrested and charged for making a terrorist threat. If you were infected after someone did something like that, or simply coughed into your face on purpose, then you have the opportunity to build a strong case.
Not sure if you have a case? Then call a personal injury lawyer for a free consultation as soon as possible.