The New Jersey Superior Court Appellate Division ruled that the relatives of two married hospital workers who died from Covid-19 can bring a lawsuit against their employers. The lawsuit alleges that one of the employees was forced to reuse masks and hospital gowns, and that his wife was denied a mask while on the job.
Despite the usual immunity that employers have from damages related to Covid-19 under workers’ compensation laws, the court decided that the estates of the two workers should be allowed to amend their complaint and proceed with their case. 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.
Overall, 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 the importance of upholding workplace safety standards during a public health crisis.