Florida business owners have been navigating difficult legal waters these past several weeks, knowing that in many cases, they have the right to ask employees to work, but also that they have a responsibility to establish safe, healthy, and sanitary working conditions for those who do, in fact, return. The federal Occupational Safety and Health Administration, or OSHA, is in place to ensure that employees are protected from working in a dangerous or unhealthy environment. And that means taking added precautions. But does OSHA also allow employees to file suit against an employer for making them come into work? That’s where the line is grey, similar to those who stay open right up until the edge of an emergency during hurricane preparedness.
At least one wrongful death suit has been filed against Walmart as a result of a COVID-19 death, but legal experts admit the burden of proof is on the plaintiff to prove that a death was intentional. On the other hand, the case may be stronger for an employee who contracts the virus after being forced to work in a building where the employer knew someone else had also been diagnosed.
The easiest thing to do, when you’re not sure if you have a case, is to ask.
If you or someone you love has been the victim of a wrongful death, a personal injury, or a motor vehicle accident, please contact the law offices of Beers and Gordon P.A. for a free consultation. Our firm serves all of Seminole, Orange, Volusia, Lake, and Brevard counties, including Oviedo, Winter Springs, Altamonte Springs, Sanford, Longwood, Winter Park, Lake Mary, and Greater Orlando. Our attorneys have over 50 years of combined experience ready and willing to go the distance on your case. Call us right away at 407-862-1825.