The New Jersey Superior Court Appellate Division has ruled that the relatives of two married hospital workers who died from Covid-19 can bring a lawsuit against their employers. The workers 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.
In its decision, 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 ruling sets an important precedent for cases involving employer negligence in implementing Covid-19 safety measures. It 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 now have the opportunity to seek justice for the actions that they believe contributed to their loved ones’ tragic deaths. This decision reverses a lower court ruling that dismissed the case, paving the way for a legal battle that could have far-reaching implications for workplace safety during the pandemic.