The global pandemic has taken us all by storm. As with anything that isn’t planned – problems can emerge. I will be looking at employers’ liability issues that have arisen due to the Covid-19 outbreak.
Firstly, I would like to start by saying a massive thanks to the key NHS workers on the front line. To my dad and sister who work for the NHS and help others every day. We know these people are hard workers and our healthcare system would be nowhere without their dedication.
Their compassion is a force to be reckoned with and something we as the British public applauded every week for some time.
Now, we cannot ignore the difficulties healthcare workers have had to tackle with regards to getting the correct PPE whilst working on the front line. This lack of PPE has led to some cases of healthcare staff contracting Covid-19. In some more fatal cases, NHS workers appear to have lost their lives fighting the disease.
The NHS is an employer and has the same responsibilities as any other employer. It has the duty to provide its employees with the correct PPE to protect them whilst at work. In the cases touched upon above, the NHS as an employer has fallen short in fulfilling this duty.
We can help with bringing a personal injury claim against an employer that has fallen short in its duty to staff as long as we can prove:
- That a duty of care was owed, i.e. in any employer-employee relationship, an employer owes the employee a duty of care;
- The duty of care was breached i.e. the employer did not provide the employee with the correct PPE;
- Harm was caused as result of the breach i.e. the employee contracted Covid-19 which proper PPE could have prevented.
If this sounds like something which may have happened to you or someone close to you, then a personal injury claim can be brought against the employer. If the claim was successful, then you would be entitled to damages for any pain and suffering. Any financial losses for example, a loss of earnings incurred when having to quarantine can also be recovered.
In instances where healthcare workers have lost their lives, their families will no doubt be suffering in many ways. There is no type of compensation that can make up for the emotional loss of a loved one. Dependency claims brought under the Fatal Accidents Act 1976 can act as a financial helping hand.
These claims are available to financial dependents such a spouse of the deceased, a civil partner and other family members. The aim of these claims is to put the dependents back in the same financial position as if their loved one had not passed.
This type of claim should be brought alongside a personal injury claim and is also something we can help bring on your behalf.
Express have already advised a number of clients around employers’ liability issues arising out of the Covid-19 outbreak.