QUESTION
Can employees of a nursing home collectively sue for being exposed to the covid19? Not having proper ppe, not receiving hazard pay
Asked on Jun 08th, 2020 on Human Resources Law - New York
More details to this question:
A we were exposed to the Covid19 By them bringing recovering covid19 patients from hospitals to the nursing home We didn't have the proper on PPe A number of us became sick and are still coming up sick And now we have to be swabbed twice a week if we don't comply with the swapping twice a week we get taken up the schedule The government made a mistake the nursing homes made a mistake and we have to pay for it It's not fair to us we have not received hazard pay
1 ANSWER
You may be limited to workers compensation benefits. So little was known about this pandemic and very little is still known about it. Look at our top leader walking around without a mask. Call some workers compensation lawyers. Tort actions are possible but class actions will be tough because each person is uniquely affected and what may be fatal to one person may be nothing but a bad cold to another. It's not like breathing toxic chemicals which are so lethal 90 percent or more get cancer and die. Look at all the protesters many without masks. Your employer may point to them and say see the risk was very low we did nothing wrong. Workers compensation should be your first possibility. This will not just disappear and courts are unlikely to close nursing homes or bankrupt them when our very top leaders do not even force corporations to shift and force making PPE.
Answered on Jun 09th, 2020 at 6:24 AM