When it comes to covid-19 most of the focus has been on health care providers. However, you could still get infected while on the job even if you’re not a doctor or a nurse. You could pick up an infection at your workplace, the grocery store, the warehouse, and any other place that presents a risk of exposure to Coronavirus. If your employer did not implement reasonable safety precautions to protect employees from infections, you have a right to file a lawsuit against them. It’s best to contact a Fall River workers compensation lawyer to find out the best way to sue your employer outside of the workers compensation system.

The main reason for consulting a legal representative is because it might be challenging for you to get workers compensation benefits for coronavirus. However, under special circumstances, you might be able to overcome these challenges and proceed to file successful work injury lawsuits against your employer.

When should you file a Personal Injury Lawsuit against your employer?

If you get injured while on the job you’re generally limited to the workers compensation benefits. This means that you can not file a personal injury lawsuit against your employer to seek compensation that would cover all your damages including emotional distress and pain and suffering. However, there are special circumstances under which you can file a lawsuit against your employer outside of workers compensation. Some of these circumstances include:

• Your illness was caused by someone other than your employer
• Your employer doesn’t carry workers compensation insurance
• Your employer intentionally put you in harm’s way and you became ill as a result

The workers compensation law in Massachusetts does not cover routine community spread diseases such as the flu or a cold because it is hard to directly link them to the workplace. This means that workers compensation only covers injuries that you suffer while on the job. Communicable diseases are covered where the risk of exposure is in line with the employment. For example, a nurse working with patients who suffer from communicable diseases is likely to qualify under this category. Keep in mind that lost wages benefits are only available if you miss work due to your illness regardless of which industry you are in. Being that workers compensation doesn’t cover communicable diseases in Massachusetts, the workers compensation exclusivity rule does not prevent you from filing a personal injury lawsuit against your employer for contracting the Coronavirus while at work.

What if my employer deliberately ignored safety measures?

Over the past few months, several employees have complained that their workplace has put them at an increased risk of contracting the virus. They have done this by:

• Refusing to provide their employees with appropriate PPE kits such as masks
• Failing to take action to allow social distancing from customers and coworkers. These actions include rearranging the workplace or changing up the schedules to allow social distancing.
• Failing to sanitize a facility after an employee tests positive for Coronavirus

If your employer did any of the above, you might qualify for an exception to the workers compensation benefits. However, the success of your lawsuit will depend on how the court will interpret the law. It is important to hire a Fall River workers compensation lawyer to advise you on whether you qualify to file for a personal injury lawsuit instead of filing for a workers compensation claim.

• The Most Asked Workers Compensation Questions

Employers are protected from covid-19 lawsuits by special liability shields

A number of states have passed laws that protect employees from liability when their employees are exposed to the coronavirus while on the job despite the challenges of suing them outside of the workers compensation system. Some of the laws apply to all employees while others specifically apply to healthcare providers.

You might have the right to sue if you are a cruise ship worker

The Jones Act is a federal law that gives you the right to file a personal injury lawsuit against your employer for failing to provide a reasonably safe work environment. If therefore, you contracted covid-19 while working on a cruise ship, you have the right to sue your employer if you can prove that they failed to take basic safety precautions.

Getting legal help from a Fall River workers compensation lawyer

It’s important to look into your legal options if you got infected by coronavirus while at work. You can speak to one of our experienced Fall River workers compensation lawyers so that we can advise how the law currently applies to your case. Contact us at 508-676-0001 to schedule your free initial consultation.