woman wearing a mask sitting on a park bench in a cemetery holding an urn

If A Loved One Is Lost To COVID-19 At Work

By Krivitzky, Springer & Feldman | Comments are off for this post | Aug 15, 2020

Millions of workers have put their lives on the line during the COVID-19 pandemic. Unfortunately, many have become ill or died because their employers didn’t provide personal protective equipment (PPE) or failed to follow proper health and safety protocols to prevent the spread of the disease.

The attorneys at Krivitzky, Springer & Feldman understand, especially in these uncertain times, it may be daunting to consider a wrongful death lawsuit if you lost a loved one due to an employer’s negligence. Knowing what’s involved in proving employer COVID liability can help you understand your options and make informed decisions about finding justice for your loved one.

Proving Employer Liability

All employers have a legal obligation to provide a safe workplace for their employees, customers, and visitors. However, proving that your loved one contracted the virus at work is challenging. It’s hard to determine exactly where they were exposed to the virus if they’ve gone to other places, such as the grocery store, doctor’s office, or another public location.

Fortunately, testing and contact tracing can help pinpoint where they may have caught the disease. Determining higher infection rates among employees in the same workplace can also help show employer COVID liability. In addition, proving that an employer didn’t provide sufficient PPE, failed to follow public health protocols, or refused to enforce safety measures can be a vital part of a COVID-related wrongful death case.

An experienced personal injury lawyer will investigate all aspects of your loved one’s death, including how they may have contracted the virus. This may include taking statements from other employees and consulting with experts, such as epidemiologists who can back up the facts of your claim.

Third-Party Liability

Exploring third-party liability is another option to find recourse for your loss. If your loved one was exposed to COVID-19 due to the negligence of a contractor, vendor, or another third party, you might be able to bring a wrongful death claim against them.

An excellent personal injury lawyer will research and pursue all possible options to help you recover maximum compensation. Because this is a new area of personal injury law, it’s essential to hire an attorney who has handled many different types of wrongful death cases.

New Jersey Workers’ Compensation

If it can be proven that your loved one caught COVID-19 at work, but it wasn’t due to negligence, you may still be able to collect death benefits through their workers’ compensation insurance.

Dependents of a worker who dies because of a work-related injury or illness may be entitled to receive death benefits. According to the New Jersey Department of Labor and Workforce Development, you may receive 70% of the deceased worker’s weekly wage. You may also receive up to $3,500 in funeral expenses.

How An Attorney Can Help

Employer COVID liability cases are complex. Some lawmakers are attempting to pass legislation that shields businesses from COVID-19 related liability. A seasoned attorney can evaluate your situation and advise you on the most effective course of action for recovering compensation. Most personal injury lawyers work on a contingency basis, which means you won’t have any up-front costs or pay attorney fees unless they make a recovery for you.

Personal injury lawyers and workers’ compensation attorneys often work together to maximize the recoveries of those who have lost someone due to employer negligence. Losing a loved one is a traumatic experience, especially during these challenging times. Your attorney can support you through the claims process and handle all aspects of your case, so you and your family can focus on healing.

Contact A New Jersey COVID-19 Wrongful Death Lawyer

At Krivitzky, Springer & Feldman, we care about our clients and their families. We aggressively fight to hold negligent employers accountable for COVID-19 liability. To ask questions or schedule a consultation, use the chat feature on our website, contact us online, or call us at 201-798-2711 in Jersey City or 973-874-0556 in Newfoundland, NJ. We serve clients in Jefferson, Newfoundland, Vernon, Kinnelon, and throughout the state of New Jersey. Se habla Español.

Krivitzky, Springer & Feldman