In a landmark decision, the New Jersey Superior Court Appellate Division has ruled that the relatives of two hospital workers who died from Covid-19 can bring a lawsuit against their employers. The court found that the conduct of the employers, who are referred to as the “Bergen defendants,” was so egregious that it warranted further legal action.
The ruling overturns a previous dismissal of the case by a lower court, allowing the families of the deceased workers to seek justice for their loved ones. The decision sets a precedent for other cases where employees may have been put at risk due to inadequate safety measures in the workplace during the pandemic.
One of the employees was forced to reuse masks and hospital gowns, which allegedly led to his death from Covid-19. His wife was also denied a mask while on the job, leading her to contract and ultimately die from the virus as well. Despite usual immunity that employers have from damages related to Covid-19 under workers’ compensation laws, this court decided that estates of these two workers should be allowed to amend their complaint and proceed with their case.
The court’s decision is a step towards holding employers accountable for their actions or lack thereof in protecting their employees from the spread of Covid-19. It serves as a reminder of importance of upholding workplace safety standards during a public health crisis.
