What Types of Covid-19 Lawsuits Are Being Filed?

Author: Mesriani Law Group
Posted on: January 27, 2021

What Types of Covid-19 Lawsuits Are Being Filed?

COVID-19 is highly contagious and has killed over 300,00 people in the United States. In terms of employment, almost every job industry has been affected – one way or another.

Personal injury law firms across the country have been addressing potential liability issues at workplaces including nursing homes, hospitals, and government agencies. Victims may have a case if an employer or business failed to take the proper steps in preventing transmission of the virus. In other words, a breach in the duty of care that led to someone contracting COVID-19 could potentially give you grounds to file a personal injury claim.

Cal/OSHA Requirements

In addition to federal requirements, states can set requirements for occupational health and safety at work. This includes requirements to keep workers safe from COVID-19.

In California, all employers must comply with Cal/OHSA (California Division of Occupational Safety and Health) requirements and guidelines including:

  • Require the use of personal protective equipment (PPE)
  • Require the use of gloves, face protection, eye protection, and respiratory protection
  • Implement a comprehensive respiratory protection program that complies with respiratory protection standards

Employers must also ensure the place of employment is free of recognized hazards that are likely to cause serious physical harm or death.

Negligence Lawsuits 

Negligence is inexcusable – especially when lives are at stake. COVID-19 victims maybe be able to file a negligence lawsuit if a business didn’t do enough to prevent exposure. In other words, their negligence put people at risk.

Other instances where you could potentially file a personal injury claim related to COVID-19 is when a business or employer:

  • Failed to follow requirements set by OSHA or the Centers for Disease Control and Prevention (CDC)
  • Failed to follow state or local guidelines and requirements
  • Failed to properly train employees on how to reduce the risk of COVID-19 transmission
  • Failed to mandate the use of PPE
  • Failed to provide PPE
  • Failed to properly disinfect or sanitize work environment

If you suspect your employer is not adequately safeguarding you against the risks of COVID-19, don’t hesitate to speak with one of our attorneys today. We can help determine if you possibly have a lawsuit.

Wrongful Death Lawsuits

If a victim did not survive the virus, his or her loved ones can file a wrongful death claim against the parties at fault.

Under California law, wrongful death can be proven if wrongful acts or negligence caused the loss of life. If you think you have a lawsuit connected to COVID-19, speak to a personal injury attorney at our Los Angeles Law Firm as soon as possible. The statute of limitations for filing a wrongful death lawsuit in California is two years from the date of death. Any delay in filing could jeopardize your chances of getting the justice your family deserves.

Consult with a Personal Injury Lawyer Today

Employers must follow mandated requirements and guidelines to prevent the risk of transmission as much as possible. If you think you have a case related to COVID-19, you may be able to file a personal injury lawsuit against the parties at fault.  An experienced personal injury attorney at Mesriani Law Group can help you understand your situation. Contact us today to see how we can help you explore your legal options.