The COVID-19 pandemic is still going strong and this means that we are all still in danger of contracting the virus. Everyone is taking precautions and although the federal government has been slow to respond, many states have implemented their own restrictions to slow the spread. In New Jersey alone, there have been 1,700 deaths putting us high on the list of states with the most cases.
Any NJ COVID-19 lawyer will tell you that people are looking to hold someone accountable especially when they have taken every possible precaution and are still affected by the virus. Legal protections are being implemented and this is good because it opens up a legal option for those who are affected by the virus.
With that being said, the question remains for some: do I have a case when it comes to a business’s poor preventative measures?
Below are some factors to keep in mind.
Reasonable Qualified Immunity
Although the option of suing a negligent party for COVID-19 is becoming a viable option, it is important you remember that the governor signed an executive order protecting certain parties. Originally the order was meant to protect healthcare professionals from malpractice lawsuits filed by an NJ personal injury attorney.
It quickly evolved as more information became evident. Although the original order encouraged nurses, doctors, and other professionals who were not fighting COVID-19 to do just that, it did not take into consideration malpractice insurance limitations and gross negligence explains an.
According to our NJ personal injury lawyer, this means that you can only sue a medical professional if the COVID-19-related death or injury was a direct cause of gross negligence by the healthcare professional. So yes, you can sue for COVID-19-related injuries by contacting an NJ COVID-19 lawyer.
Our NJ personal injury attorney explains that although the executive order applies to medical professionals it does not cover nursing homes. On a federal level nursing homes must adhere to particular guidelines, and if they are found in violation they can be left open for legal recourse. Some of these restrictions include:
- Visitor restrictions: Many nursing homes had to go under a lockdown and place restrictions on who can go in and out of the facility.
- Infection response: Nursing homes already had to have an infection control program in place. When the COVID-19 pandemic began they had to tighten those restrictions and policies.
- Staffing: There are certain staffing regulations that must be adhered to by nursing homes says.
Suing My Employer with the Help of DeZao Law
Under the executive order, employers must provide a safe work environment and take safety measures to avoid the spread of the virus, explains an NJ COVID-19 lawyer. If they do not, then you should contact an NJ personal injury lawyer to seek legal action.