New Jersey Appellate Division Reverses Lower Court Ruling: Hospital Workers’ Families Can Sue Employers for Covid-19 Deaths

The New Jersey Superior Court Appellate Division has ruled that the relatives of two married hospital workers who died from Covid-19 can bring a lawsuit against their employers. The court considered the behavior of the Bergen defendants to be so egregious that it nullified the usual protections for employers in such cases, reversing a lower court ruling that dismissed the case.

The families of the deceased workers will now have the opportunity to seek justice for the actions that they believe contributed to their loved ones’ tragic deaths. This ruling sets an important precedent for cases involving employer negligence in implementing Covid-19 safety measures and serves as a reminder that employers have a responsibility to protect their employees from harm and must be held accountable when they fail to do so.

Despite usual workers’ compensation and general employer immunity from Covid-19 related damages, the estates of these two workers will be allowed to amend their complaint and move forward with their case. One of them was denied a mask while on duty which allegedly contributed to their death. The workers were also forced to reuse masks and gowns, which put them at risk of contracting the virus again.