My Co-Worker Refuses to Get Vaccinated. Can I Sue Them If I Get COVID From Them?

While, in theory, it is possible to file a claim against a co-worker who transmitted COVID in the workplace, in reality, proving such a claim would be very difficult. To bring this type of claim, you would need to establish the legal elements of a negligence claim. Among the things you would need to prove is that your co-worker owed you a legal duty, they violated that duty, and their breach of the duty they owed to you resulted in your COVID-19 diagnosis. Each of these elements is challenging to prove.

For example, while co-workers have a duty not to harm each other, this does not generally extend to the transmission of communicable diseases, such as COVID-19. Further, unless there is a mask mandate at your workplace, a co-worker’s failure to get vaccinated is not likely a breach of the duty. Additionally, even in workplaces where vaccinations are required, there are religious and healthcare-related exceptions. Finally, given the fact that you could technically have contracted COVID-19 from outside the workplace, it would be exceedingly difficult to prove that your case of COVID-19 was caused by a co-worker’s failure to get vaccinated.

Likely you will be unable to sue a co-worker for infecting you with COVID-19. However, you may be able to pursue a workers’ compensation claim for benefits from your employer. These cases are challenging to prove and very fact-specific.

If you or a loved one got COVID-19 at work, contact a South Carolina workers’ compensation attorney to learn about your options. Contact the Steinberg Law Firm for immediate assistance in pursuing a claim for workers’ compensation. Do not hesitate to reach out to us even if you are unsure where you contracted the virus; we can help you. Our team of South Carolina workers’ compensation lawyers is here to help. Call 843-720-2800 to schedule a free consultation today.

Other COVID-19 FAQs:

RESULTS

WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
$2,750,000 in a product defect case, scissor lift malfunction.

My Co-Worker Refuses to Get Vaccinated. Can I Sue Them If I Get COVID From Them?

While, in theory, it is possible to file a claim against a co-worker who transmitted COVID in the workplace, in reality, proving such a claim would be very difficult. To bring this type of claim, you would need to establish the legal elements of a negligence claim. Among the things you would need to prove is that your co-worker owed you a legal duty, they violated that duty, and their breach of the duty they owed to you resulted in your COVID-19 diagnosis. Each of these elements is challenging to prove.

For example, while co-workers have a duty not to harm each other, this does not generally extend to the transmission of communicable diseases, such as COVID-19. Further, unless there is a mask mandate at your workplace, a co-worker’s failure to get vaccinated is not likely a breach of the duty. Additionally, even in workplaces where vaccinations are required, there are religious and healthcare-related exceptions. Finally, given the fact that you could technically have contracted COVID-19 from outside the workplace, it would be exceedingly difficult to prove that your case of COVID-19 was caused by a co-worker’s failure to get vaccinated.

Likely you will be unable to sue a co-worker for infecting you with COVID-19. However, you may be able to pursue a workers’ compensation claim for benefits from your employer. These cases are challenging to prove and very fact-specific.

If you or a loved one got COVID-19 at work, contact a South Carolina workers’ compensation attorney to learn about your options. Contact the Steinberg Law Firm for immediate assistance in pursuing a claim for workers’ compensation. Do not hesitate to reach out to us even if you are unsure where you contracted the virus; we can help you. Our team of South Carolina workers’ compensation lawyers is here to help. Call 843-720-2800 to schedule a free consultation today.

Other COVID-19 FAQs:

RESULTS

WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
$2,750,000 in a product defect case, scissor lift malfunction.

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