The New Jersey Superior Court Appellate Division ruled in favor of the relatives of two married hospital workers who died from Covid-19, allowing them to bring a lawsuit against their employers. The court considered the behavior of the Bergen defendants to be so egregious that it nullified the usual protections for employers in such cases.
The decision reverses a lower court ruling that dismissed the case. The families of the deceased workers will now have the opportunity to seek justice for the actions they believe contributed to their loved ones’ tragic deaths. 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 estates of these two workers will be allowed to amend their complaint and move forward with their case. Despite the usual workers’ compensation and general employer immunity from Covid-19-related damages, the court found that the behavior of the defendants was so egregious that it warranted an exception to these protections. This decision sends a strong message that employers cannot get away with putting their workers at risk during a pandemic and will be held accountable for any harm caused by their negligence.
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. This ruling is a step towards ensuring that all workers are protected from harm, especially during times of crisis like this pandemic. It also serves as a reminder that we must hold those responsible for our safety accountable, no matter what industry they are in or how powerful they may be.