Serving clients in Fayetteville and all of NW Arkansas
The coronavirus has shown to be a deadly virus that has spread quickly throughout the United States. Employees that must commute to a physical location to work are at a higher risk of contracting the virus due to interacting with coworkers and possibly customers. That is why it is necessary for an employer to take precautions to prevent the spread of the coronavirus. Unfortunately, some employers may place their employees at risk by failing to take adequate precautions. If your family member passed away after contracting coronavirus at the workplace, you should consult with an experienced Fayetteville AR attorney for fatal coronavirus workplace exposure.
Ken Kieklak, Attorney at Law, is committed to fighting for workers that were exposed to COVID-19 in Fayetteville, AR due to the negligence of an employer. Our firm understands how losing a loved one during this pandemic can impact a family, and we are here for you in your time of need. To schedule a free consultation to discuss your legal options, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You can also contact the firm online.
Employer Liability for Fatal Coronavirus Exposure in Fayetteville, AR
If your loved one passed away due to complications with the coronavirus at their Fayetteville workplace, you should be aware of the circumstances that caused their death. In Arkansas, some companies have been forced to close their doors indefinitely while others continue to operate during the COVID-19 pandemic. Unfortunately, some employers may not be taking adequate precautions to operate during these unpredictable times. As a result, they can place workers at a higher risk of contracting the virus.
Workplaces that require contact between coworkers and customers should ensure that they employ safeguards that lower the risk of contracting the virus. For example, the Centers for Disease Control and Prevention (CDC) has stated that respiratory droplets from an infected person can travel up to six feet or farther. In response to this information, it would be wise for employers to implement a system to keep coworkers and customers a safe distance away from each other. However, some employers still have workers operating in close proximity with other workers and even customers.
Another important safeguard suggested by the CDC and Occupational Safety and Health Association (OSHA) is the use of personal protective equipment (PPE). As mentioned, the coronavirus is often spread by respiratory droplets that land in the mouth, nose, or eyes of other people. The use of PPE like face masks and gloves can help reduce the risk of interacting with customers and other workers.
However, some workers have reported working in companies that provide insufficient PPE for the pandemic. Some companies may only give their employees a limited supply of PPE and expect them to either reuse the same gear or purchase it with their own earnings. If an employer fails to outfit workers with PPE properly, they could be held liable for their negligent actions.
One of the most essential precautions a Fayetteville employer should take is ensuring that employees are not arriving to work while sick. The CDC has suggested that companies set up pre-screening stations to evaluate workers for coronavirus symptoms. For example, if a worker complains of headaches and has a high fever, it would be prudent to send them home or suggest they are tested.
There are a variety of other precautions that an employer can take to protect their employees. However, if an employer fails to take any steps to protect employees, they could be liable if an employee contracts the virus and passes away.
Statute of Limitations for a Workplace COVID-19 Wrongful Death Lawsuit in Fayetteville, AR
If your loved one passed away from COVID-19 complications after workplace exposure in Fayetteville, AR, you should consider pursuing a wrongful death lawsuit against their employer. It is important to note that wrongful death lawsuits are subject to the statute of limitations. The statute of limitations determines the length of time that a person has to file a lawsuit with the court.
In Arkansas, the statute of limitations for a wrongful death lawsuit is three years from the date of the decedent’s death. If a lawsuit is not filed within this timeframe, the court can bar the claim entirely. This means that the potential plaintiff would be unable to pursue compensation in a court of law.
Additionally, you should know that wrongful death lawsuits can only be filed by certain family members of the decedent. For example, a spouse may be able to file a wrongful death lawsuit while a distant relative could be barred. It is vital to understand these limitations to avoid filing a frivolous case with the court.
Note, however, that the coronavirus pandemic could also have an effect on your potential case. As mentioned, many industries are determining how to operate in the midst of the pandemic. This means that some courts may place claims on hold until it is safe to conduct trials. If you are uncertain about how the pandemic can affect your case, our firm can help alleviate your concerns.
Contact Our Experienced Fayetteville Lawyer for Fatal Coronavirus Exposure at Work
If your loved one died after contracting the coronavirus at work, contact an experienced Fayetteville wrongful death lawyer for fatal coronavirus exposure. Ken Kieklak, Attorney at Law, possesses over 20 years of legal experience, and he would be honored to use this knowledge to help you pursue the compensation you deserve. To schedule a free legal consultation to discuss your potential claim, contact the Ken Kieklak, Attorney at Law, at (479) 316-0438.