In some circumstances, individuals who have been exposed to Covid-19 are able to recover compensation for such losses as their medical bills through personal injury claims

Being exposed to Covid-19 can be stressful and frightening for many reasons. Along with struggling to overcome a dangerous virus, you might also find it difficult to cover your medical bills and make up for any lost wages you may have incurred if you were unable to work during your illness.

It might be possible to recover financial compensation for such losses. If you were exposed to Covid-19 at work or because another party was careless, you could potentially recover compensation by filing a personal injury claim or lawsuit. Types of claims which have resulted from Covid-19 exposure include the following:

 

Workers’ Compensation

Massachusetts law requires the majority of employers to purchase workers’ compensation insurance so that their employees may file claims for workers’ compensation benefits when they are injured or develop illnesses as a result of on-the-job accidents or exposure to hazards in the workplace.

Some jobs inherently carry the risk of exposure to Covid-19. This means you may be able to recover workers’ compensation benefits if you have been exposed to the virus at work.

However, it does not necessarily mean that securing the compensation you may deserve will be easy in these circumstances. To show that you deserve workers’ compensation benefits because of exposure to a virus, you must demonstrate that “the hazard of contracting such diseases by an employee is inherent in the employment.”

Not everyone who files Covid-19-related workers’ compensation claims will meet the criteria necessary to recover benefits. Additionally, it’s important to understand that workers’ compensation insurance providers are profit-driven businesses. Insurers often react to claims by denying them whenever possible.

You may genuinely be eligible to recover workers’ compensation benefits because you were exposed to Covid-19. Still, an insurer may attempt to avoid paying you by denying your claim when you initially file it.

This highlights one of the many reasons it is important to enlist the help of a legal professional when seeking compensation. A lawyer can provide the representation you need, fighting back against insurance companies when they refuse to pay what you may be owed.

 

Premises liability

The specific details of premises liability laws vary from one state to another. That said, these laws generally are designed to ensure property owners and managers are legally required to prevent guests of their properties from being harmed.

Naturally, a property owner or manager is only human. They cannot always prevent accidents, exposure to hazards, and other such factors from harming those who have a legal right to be on their properties.

Premises liability laws merely require that property owners and managers (and extensions of ownership/management, such as employees) take reasonable steps to optimize guest safety.

During a pandemic, this may involve adhering to all applicable regulations and guidelines. For example, when Covid-19 was spreading rapidly, businesses were encouraged to enforce social distancing rules.

You may be able to recover compensation for your medical bills and other such losses if you were exposed to Covid-19 because a property owner or manager was negligent. Just be aware that proving negligence will require conducting a thorough investigation. This is a task for a qualified and experienced attorney.

Premises liability laws merely require that property owners and managers (and extensions of ownership/management, such as employees) take reasonable steps to optimize guest safety.

Product liability

Product designers and manufacturers have a duty to ensure that their products do not unreasonably place consumers at risk of being harmed when said consumers are using their products as intended. In some instances, product designers and manufacturers also have a responsibility to ensure that safety products, which are meant to protect users from harm, are genuinely effective.

Virtually everyone from medical professionals to average consumers has made use of various types of safety products during the pandemic. You may have justification to file a product liability claim or lawsuit if you were exposed to Covid-19 because such a product failed.

Medical malpractice

Physicians and healthcare professionals in general are required to adhere to a certain standard of care when treating and diagnosing patients. Perhaps you were exposed to Covid-19 or you did not receive proper treatment for your illness because a medical professional was negligent.

Consult with an attorney if you believe this happened to you. A lawyer will evaluate your case and discuss your legal options.

These are just a few noteworthy examples of the types of personal injury claims and lawsuits that may arise from Covid-19 exposure. If you have reason to suspect that you are eligible to recover compensation because you were exposed to Covid-19, our team of Boston personal injury lawyers at Swartz & Swartz, P.C., is prepared to offer the aggressive representation you need to optimize your chances of securing what you may be owed. Learn more about how we can help by contacting us online today or calling us at (617) 742-1900 to schedule a free consultation.

 

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James Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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