Serving clients in Fayetteville and all of NW Arkansas
Like many other states, Arkansas has felt the substantial impact of the COVID-19 pandemic. While the governor of Arkansas has yet to issue a stay-at-home order at the time of this article, some counties are urging residents to avoid leaving their homes except for essential items. However, if you are considered an essential worker, you do not have an option to remain in your home. That is why employers need to provide workers with a safe work environment they need to avoid being infected. If your family member was exposed to the coronavirus due to their employer’s negligence, you should consult with an experienced Arkansas attorney for deaths from COVID-19 workplace negligence.
Ken Kieklak, Attorney at Law, understands the challenges faced by critical workers in Arkansas, and he is prepared to offer you the legal representation that you deserve. Let our firm help you pursue compensation for the death of your loved one. To schedule a free legal consultation to discuss your potential claim, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You can also contact the firm online.
Employer Liability for COVID-19 Workplace Negligence
According to the Centers for Disease Control and Prevention (CDC), there are nearly 700,000 cases of COVID-19 in the United States in mid-April of 2020. Out of these cases, over 57,000 people have reportedly recovered, while about 36,000 people have succumbed to the virus and passed away.
The State of Arkansas has been more fortunate as they have approximately 1,500 reported cases of COVID-19. Out of the nearly 1500 cases, more than 400 people have recovered, and 32 people have passed away. As mentioned, this has allowed the governor of Arkansas to avoid issuing a mandatory stay-at-home order. As a result, there are many essential workers and even non-essential workers that are operating during this pandemic. Unfortunately, some of these workers were not provided with the tools they need to decrease their chances of infection.
Coronavirus can be transmitted when an infected person coughs or sneezes. This will cause the infected person to produce respiratory droplets that can make contact with the mouth, nose, or eyes of others and cause them to contract the coronavirus. As a result, people have been instructed to remain at least 6 to 13 feet apart from others to avoid transmission of the virus. The public has also been warned that the coronavirus can survive on surfaces for a number of hours.
It is up to employers to ensure that they provide workers with a safe workplace to reduce the chances of contracting coronavirus. For example, if you work at a grocery store, your employer should provide you with masks and gloves in order to avoid contracting coronavirus via infected respiratory droplets. Unfortunately, some workplaces have been endangering their employees. There are reports that employees have been forced to reuse masks or do not possess a sufficient number of gloves to swap out pairs that worn out. If an employer does not provide workers with personal protective gear, they could be held liable if an employee contracts the virus.
Another issue that could lead to liability for an employer is the failure to determine when an employee has been infected with COVID-19. For example, administering temperature checks can help identify symptoms of the virus. If one worker infects another due to the negligence of an employer, the employer could be held liable for their significant mistake.
To learn more about filing a wrongful death lawsuit against an employer, you should continue reading and speak with an experienced Arkansas COVID-19 workplace negligence attorney.
Requirements to File a Wrongful Death Lawsuit Due to COVID-19 Workplace Negligence
If your loved one was an essential worker that passed away after contracting coronavirus, our firm could help you explore your options to file a wrongful death lawsuit. Essential workers are putting themselves at risk for the benefit of the public, and they deserve to receive proper treatment from their employers. Unfortunately, some employers may not provide workers with a safe workplace needed to perform their job without increased fear of being infected.
A wrongful death lawsuit can be filed if a person dies due to the negligence of another or the intentional acts of another. For example, an employer that fails to provide a worker with personal protective equipment could be held liable if an employee contracts COVID-19 and passes away. It is important to note that a wrongful death lawsuit can only be filed by certain members of the decedent’s family. The reason for this stipulation is to avoid frivolous claims by individuals who were estranged relatives to the decedent.
In Arkansas, the following family members can file a wrongful death lawsuit on behalf of their deceased family member:
- Surviving spouse or children of the decedent
- Parents or siblings of the decedent
- Guardians of the decedent
- Individuals who had were cared for by the decedent
If a plaintiff prevails in the case, they can be awarded damages. These damages may include costs of a funeral, past medical bills of the decedent, pain and suffering, and many other types of damages.
Work with Our Experienced Arkansas Lawyer for Deaths Caused by COVID-19 Workplace Negligence
If your loved one passed away after contracting coronavirus at their workplace, you should contact an experienced Arkansas coronavirus wrongful death lawyer. Wrongful death lawyer Ken Kieklak possesses over two decades of legal experience, and he is here to fight for you. To schedule a free legal consultation to discuss your claim, contact Ken Kieklak, Attorney at Law, at (479) 316-0438.