In these difficult times when governments all over the world are struggling despite the resources available to them to limit the exposure to the virus, it may seem unkind to consider potential claims that will arise as result of catching the virus.
If you have caught a virus at work, in a public place or at a healthcare provider, you may have a claim against that relevant entity. The claim for this is based on the same principle as in all types of injury claims that is based on the law of negligence. Your employer, occupier for e.g. a supermarket, a health provider are all under an obligation which arises under a duty of care that they owe you. It’s a well established law that all these entities owe you a duty of care.
Proving negligence by an employer during the covid-19 pandemic
In order to succeed one has to prove, on balance of probabilities, that they have breached that duty of care to you. In claims that will arise as result of this exposure, the real obstacle will be to establish the breach, for example a supermarket, an employer or the healthcare provider has failed to follow the guidelines or their own risk assessment, and unnecessarily exposed you to the virus. This will be assessed based on guidelines given by the government at the time and their own risk assessment that they would have put into place to cater for this type of situation.
What to do in such a situation?
If you over come these hurdles, you can claim for the injury that has caused been caused as a result of you contracting coronavirus (Covid-19), and financial losses that you suffer as a result. It is important to note that you will need medical expert opinion to support your claim for the injuries and financial losses. They will be assessed on the existing principles in the law of negligence.
Sadly, for those who pass away, the estate may have claim.
Abdul Hafezi – Senior Solicitor
If you believe that you fall into this category and may have claim please contact us to discuss the matter further.
