The COVID-19 pandemic’s devastating impact has led to a wave of personal injury claims from families of those severely affected by the disease. These claims, particularly cases involving employees supposedly acquiring COVID while on the job, are often brought before state courts. However, according to Goodell, DeVries, Leech & Dann, LLP, these claims may not necessarily be valid in all jurisdictions, and specifically, should perhaps not proceed in Maryland and Washington D.C.
This stance is rooted in the notion that it can be incredibly challenging to definitively prove that an employee contracted COVID-19 from their workplace. The virus’s highly contagious nature and widespread community transmission blur the lines of cause and effect, making it difficult to substantiate such claims.
Take-home COVID-19 claims also tread in murky legal waters. Such claims are typically raised when an employee unknowingly contracts the virus at work and subsequently passes it on to family members or other close contacts outside of the workplace. These situations complicate the issue further as the link between the workplace and the third-party infections becomes significantly more tenuous.
It is crucial for legal professionals to consider these complexities when evaluating take-home COVID-19 claims. The outcome of such cases could potentially set significant legal precedents, affecting future claims relating to workplace illnesses and injuries.