Although shelter-in-place orders have helped to reduce the spread of COVID-19, it still takes the precious lives of Americans every single day. Some of these deaths could have been prevented, especially in nursing homes and workplaces that failed to follow proper virus management protocols. If a loved one has passed from COVID-19 and you believe it was due to negligence, our attorneys at Krivitzky, Springer & Feldman may be able to help you recover compensation and hold responsible parties accountable by filing a COVID-19 wrongful death lawsuit.
How Negligence Plays A Role In COVID-19 Wrongful Death
First responders, health care professionals, essential workers, and nursing home workers and residents are particularly vulnerable to catching COVID-19. Now that many people in other fields and industries are returning to work, they may be at risk too.
The CDC and The State of New Jersey have recommended protocols and guidelines that are designed to prevent the spread of the virus and protect workers and consumers. Regardless of the type of job you do, your employer has a duty of care to provide a reasonably safe workplace. Employers who cut corners or fail to follow these guidelines put everyone at risk. Some ways in which employer negligence could have contributed to the illness or death of workers include:
- Failure to provide sufficient PPE, such as face masks, gloves, shields, and other protective equipment
- Failure to implement or observe proper social distancing protocols
- Failure to provide hand sanitizer or enforce hand washing protocols
- Improper cleaning or inadequate disinfection of the workplace
- Requiring sick employees to come to work
- Failure to screen employees for possible infection
- Neglecting to warn employees about the risk of infection
- Failure to inform employees of coworkers who are infected with the virus
At Krivitzky, Springer & Feldman, we’ve handled work-related wrongful death cases for more than 40 years. We understand the elements that go into proving negligence and won’t back down against insurance companies who seek to diminish or deny wrongful death claims.
Negligent Nursing Homes
Nursing home administrators have a duty of care to keep residents and workers safe by quickly implementing proper protocols to reduce the spread of infection. Older people with underlying health conditions are at high risk of complications and death due to the coronavirus. These factors, combined with the close contact nursing home residents have with health care providers, visitors, and other residents, make nursing homes an ideal environment for spreading COVID-19. U
Unfortunately, many nursing homes were woefully unprepared for the pandemic. Although nursing homes and personal care facilities are supposed to have stringent standards and contingency plans in place, COVID-19 ran through some of them like wildfire, killing thousands. Nursing homes could have prevented many deaths by implementing these standards in a timelier manner. If a nursing home failed to do the following, they might be liable for any COVID-19 deaths that happened on their watch:
- Quarantining infected residents
- Regular screening of caregivers and visitors
- Closing common areas
- Providing sufficient PPE and training employees on how to use it properly
- Training, following, implementing, and enforcing proper hand washing or sanitizing and other hygiene practices
- Proper disinfecting and cleaning of equipment and the facility
- Following additional protocols for the containment of the virus
Proving Negligence Is Challenging in COVID-19 Wrongful Death Lawsuits
Because of the uncertainty surrounding COVID-19 exposure and transmission, it can be challenging to prove when or where the exposure occurred, especially in workplace-related illness cases. Proving the wrongful death of a loved one who was in a nursing home is also challenging. To prove negligence, you must provide evidence of the action — or inaction — that the nursing home took regarding the care of your loved one, and ultimately the action or inaction caused their death.
Whether your loved one died due to contracting COVID-19 in the workplace, a nursing home, or somewhere else, if you believe their death was caused by negligence, we can help. Our team can investigate the circumstances surrounding your claim, collect valuable evidence, and help you pursue a COVID-19 wrongful death lawsuit if warranted.
Contact A New Jersey Wrongful Death Lawyer
At Krivitzky, Springer & Feldman, we understand how devastating it is to lose someone to an illness that could have been prevented. Although no amount of money can bring someone back, our wrongful death attorneys have helped families in Jersey City, West Milford, Kinnelon, Vernon, Jefferson, Newfoundland, and throughout the state of New Jersey make things right and find justice for their loved ones.
If you think you may have grounds for a COVID-19 wrongful death lawsuit, contact us online, use the chat feature on our website, or call us at 201-798-2711 in Jersey City or 973-874-0556 in Newfoundland, NJ.
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