One of the most vulnerable population groups in the pandemic are the elderly, nursing home residents, people with underlying health conditions and essential workers.

Essential Employees

Essential workers continued to work through the pandemic and many became infected with the virus. Most of these individuals understood that their job would increase the risk of infection.

However, some workers were exposed to COVID-19 because of an employer’s negligence. If your employer failed to take reasonable steps to protect employees, for example, failing to implement the CDC protocols and guidelines, you may have reason to file a COVID-19 wrongful death claim.

Examples of negligent acts by an employer include –

• Not providing sufficient warning about the increased risks of becoming infected
• Neglecting to provide workers with personal equipment protection (PPE)
• Not implementing protective measures, such as social distancing, in the workplace
• Not implementing daily temperature/wellness screening of workers
• Not enforcing a stay-at-home sick policy
• Failing to regularly disinfect work areas
• Neglecting to provide employees with preventative measures, such as alcohol-based hand sanitizers
• Failing to inform employees about other co-workers who had become infected COVID-19

Nursing Home Residents

Arizona has thousands of nursing and assisted living facilities and long-term care centers. Residents of these facilities are at a greater risk of infection because of their age and underlying health conditions.

Nursing home and assisted living facility administrators owe a duty of care to the residents, including acting quickly and taking reasonable measures to prevent the spread of COVID-19. These measures include –

• Isolating infected residents
• Continuous screening of visitors and healthcare staff
• Closing access to common rooms
• Following protocols and guidelines for disinfecting spaces, enforcing proper hand hygiene, using alcohol-based hand sanitizers and putting on PPE before caring for a resident
• Following containment protocols

Who is eligible to file?

Arizona law limits allows the following people to file a wrongful death claim on behalf of a loved one –

• Spouse
• Any surviving children of the deceased
• A surviving parent or guardian
• The personal representative of the decedent
• The personal representative of a deceased child, spouse, parent or guardian
• If the deceased is a child, then either of his or her parents – or legal guardian – may be eligible to file a COVID-19 wrongful death claim.

Compensation

The damages for an Arizona COVID-19 wrongful death claim may include some of the following –

• Medical expenses with respect to the emergency and final care of the decedent
• Lost income and other benefits that the deceased would have earned if they had survived the virus
• Funeral and burial costs
• Legal expenses related to the wrongful death civil lawsuit
• Pain and suffering that the decedent suffered before his or her death

Finding evidence for a COVID-19 wrongful death claim can be tricky. If you believe your loved one became infected with the corona virus as a result of the employer’s negligent behavior, it is advised that you seek legal help from an experienced wrongful death lawyer.

To learn more, consult one of the leading wrongful termination, and sexual harassment lawyers in Phoenix, AZ at Chahbazi Law PLLC or call 602-282-5868 Now! Attorney Meenoo Chahbazi uses her extensive experience and passion for employment equality to represent Arizona employees in a wide range of employment matters.