Reasons to File a Coronavirus Lawsuit

Workers’ Rights Reasons to File a Coronavirus Lawsuit

BY LINDA NWOKE

Did you know that over 30 million lawsuits are filed each year in the United States, in state and federal trial courts? More so, more than $1.5 billion is spent in state courts to process over 14 million civil cases. Yet, the courts remain overburdened with civil lawsuits. Consequently, the courts encourage ‘out of court’ settlements or mediation and only resort to trial as a last option. Yet, there are all forms of lawsuits, including coronavirus lawsuits targeting individuals and companies on issues like profiteering during a time of crisis, preventing the spread of the disease, unjust treatment, among others.

COVID-19 Case Studies There are several Coronavirus healthcare-related lawsuits against employers. For instance, some hospital employees claim their employment was terminated after raising concerns about the lack of available personal protective equipment. Or after reporting those other staff members, failed to wear masks correctly and did not follow social distancing guidelines in certain situations. In other instances, employers denied staff members with high-risk conditions leaves of absence. They also failed to implement proper screening, social distancing, and instituting other protective measures, which in some cases resulted in deaths from COVID-19.

Potential Reasons for COVID-19 Lawsuits Yet, many lessons have been learned since the onset of the pandemic in 2020. From causes to prevention and managing the virus at different levels, including the loss of human lives, arguably prevented. As the Coronavirus mutates and spread, lawsuits will inevitably ensue from citizens seeking legal help in its wake to address perceived injustice. There are different reasons for initiating Coronavirus-related lawsuits. Causes can range from individual to organizational, civic to human rights, to mention a few. Some of the prevalent examples of Coronavirus related cases include the impact on workers, financial injury, business interruption insurance, price extortion, etc. The series of litigation can be attributed to the following:

COVID-19 Based Impact on Employees Lawsuit Despite every effort, the coronavirus pandemic keeps growing, evolving from Delta variant to Omicron and the most recent ‘Flurona’, causing on-ending hardship through loss of employment and health-related issues. Many lawsuits against employers, including those in the healthcare sector, are based on issues similar to concerns raised when the pandemic started in 2020. The Coronavirus lawsuits assert that employers violated federal and state mandates, guidelines, and regulations regarding employee safety. Specifically, employers violated federal laws like the Families First Coronavirus Response Act (FFCRA). Some employees have also filed lawsuits against their employers for violating WARN Act which requires that employers with less than 100 or more employees provide at least 60 days’ notice before conducting a mass layoff. Employers abused workers’ rights when the pandemic was raging. So, they are fighting employers who failed to provide proper protection against COVID-19, didn’t provide a safe work environment, and ensured their lives were not at risk by being asked to come into work. Reasons like wrongful termination, denial of leave, workplace safety, and retaliation are all basis for initiating a lawsuit.

Steps to Filing a Lawsuit If you intend to pursue a lawsuit, specific information and stages that accompany the process include filing a complaint, which then goes through judicial review and then service of the process. It is worth mentioning that in anticipation of possible lawsuits that can ensue, over 25 states in 2021 introduced protective legislation that will protect businesses from COVID-19 lawsuits. And as earlier mentioned, it is always better to try to settle out of court when all parties can try and reach an amicable agreement. However, if all measures fail, the plaintiff can seek justice by consulting a lawyer to start the process. Visit www.askthelawyer.us or call 855-768-8845.p

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