A New Jersey Superior Court Appellate Division ruling has opened the door for relatives of two hospital workers who died from Covid-19 to bring a lawsuit against their employers. The decision, which reverses a lower court ruling that dismissed the case, sets an important precedent for cases involving employer negligence in implementing Covid-19 safety measures.
The workers, who were married and both hospital employees, allegedly were forced to reuse masks and gowns and one of them was denied a mask while on the job. Despite the usual workers’ compensation and general employer immunity from Covid-19-related damages, the estates of these two workers will be allowed to amend their complaint and move forward with their case.
The court considered the behavior of the Bergen defendants to be so egregious that it nullified the usual protections for employers in such cases. This decision serves as a reminder that employers have a responsibility to protect their employees from harm and must be held accountable when they fail to do so. The families of these two healthcare workers will have the chance to seek compensation for their losses and hold their employers accountable for their actions.
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