As Business Liability Shields Continue to Be Debated in Congress, COVID Victims in Indiana and Illinois Have a Range of Legal Claims for Injuries Related to Coronavirus
Congress continues to debate the issue of offering federal legislative protection to businesses against personal injury claims based upon exposure to the Coronavirus and contracting of COVID-19. Read, “Liability Shield Is a Stumbling Block as Lawmakers Debate Relief,” written by Ana Swanson and Alan Rappeport and published in the New York Times on August 5, 2020.
Across the country, as Congress debates, various states are trying to protect businesses either by passing state laws in their statehouses or by decrees issued by state governors.
Indiana has neither legislation nor Executive Orders issued by the Governor’s Office to limit liability claims for any business operations. In contrast, Illinois does have an Executive Order in place to protect health care providers from COVID-19 liability resulting from the care and treatment of patients during the Coronavirus Pandemic.
Legal Liability for Coronavirus Harm in Indiana and Illinois
So far, business concerns (and particularly their insurance carriers) have not succeeded in their efforts to bar injured victims from pursuing otherwise viable legal claims for damages through a newly enacted liability shield.
In October 2020, Coronavirus victims and their loved ones who have contracted COVID-19 either at work or on business premises continue to have valid legal claims for damages to assert based upon state personal injury and premises liability laws.
Commercial attempts to avoid liability by forcing people to sign liability waivers are of questionable validity but they do succeed in acknowledging that victims have clear avenues for justice in the courts. See, Coronavirus: Liability Waivers Sought to Avoid Financial Responsibility for Exposing Victims to COVID-19 in Indiana and Illinois.
While the laws of Indiana and Illinois are not the same, those living and working in both states should be aware of the current status of legal protections provided to those who have sustained COVID-19 injuries.
These include:
1. Negligent Exposure to the Coronavirus on Business Premises
Legal claims may be available to anyone who has entered the property or premises of a business or commercial operation and as a result were exposed to the potentially deadly Coronavirus. Claimants here can include a wide range of enterprises, from grocery stores and shopping centers to office complexes, employers, nursing home facilities, hospitals, and more.
These claimants will base their claims on state negligence law, alleging that the business owner or operator knew or should have known that someone on their property (worker, resident, client, customer, etc.) was infected with COVID-19 and failed to respond in a reasonable and prudent manner to protect others from contracting the extremely infectious Coronavirus. These cases will be asserted by customers, guests, visitors, clients, residents, and others who came onto the business property by its invitation and suffered as a result.
Damages here will run the gamut, from emotional distress and pain and suffering to lost wages, medical expenses, and hospitalization costs.
For more, read:
- The Danger of Dying in Indiana or Illinois: COVID Is a Leading Cause of Death in 2020
- Coronavirus and Danger of Exposure: Determining COVID-19 Risks in Indiana and Illinois
- Coronavirus Air Travel Lawsuits: Airlines’ Duty to Keep Plane Passengers and Crew Safe from COVID-19
2. Workers Exposed to Coronavirus on the Job: Worker’s Compensation and/or Intentional Tort Claims
For those who contract COVID-19 while on the job, there is the possibility of bringing claims for damages under the workers’ compensation systems of Indiana or Illinois. These cases can include damages for lost wages and medical expenses, as well as wrongful death damages for the family members of an employee who died as a result of Coronavirus exposure at work.
However, given the continued pattern of businesses and corporations choosing to ignore basic protections for workers against COVID exposure, there is also the possibility of lawsuits being filed for damages based upon the employer’s intentional bad acts.
These claims are outside of the state workers’ compensation system and can include not only coverage for things like pain and suffering and medical expenses, but lost wages and exemplary (punitive) damages in cases of gross negligence and blatant disregard of the worker’s safety and health.
For more, read:
- Coronavirus Alerts from OSHA: Guidance Given to Employers for Protecting Workers from COVID-19 but No New Legal Standards Issued
- COVID Whistleblowers: When Employers Recklessly Fail to Protect Against Coronavirus Exposure
- Coronavirus: COVID Violations, OSHA Inspections, and Employer Liability Claims in Indiana and Illinois
- COVID-19 Workers’Compensation Claims: Illinois versus Indiana.
3. Family Members of Workers Exposed to Coronavirus
For those who work in a job site where they are exposed to the Coronavirus and then take that deadly infectious virus home to beloved family members who then contract COVID-19, there may be legal remedies available to the worker’s loved ones under state personal injury laws.
Family members of workers exposed to COVID-19 on the job may have their own independent legal claims for damages to assert against the employer.
We have discussed this earlier; for details, read Coronavirus: Employer Liability for Worker’s Family Injuries Caused by COVID-19 Exposure.
4. Coronavirus Exposure or Other Harm Caused by Product Defect or Failure
During the 2020 Coronavirus Pandemic, the need for specific types of products necessary either for the protection against exposure to COVID-19 or for use in the care and treatment of those suffering from the Coronavirus became a priority in this country.
Ventilators and respirators were needed not only in Indiana and Illinois, but across the country and around the world. Face masks and hand sanitizers were of critical importance, particularly for those in the health care industry.
However, not all the products that were manufactured, advertised, sold, and distributed were worthy of trust. Defects in their design or in their manufacture, or distribution without proper instruction or warning, left the user vulnerable to exposure to COVID or other forms of injury or illness. See, e.g., the FDA list of warnings regarding hundreds of hand sanitizers placed into the U.S. marketplace that are dangerous and should not be used.
For users of defective products who contracted the Coronavirus, there may be a products liability claim to assert against one or more companies or businesses involved in the design, manufacture, or sale of the defective product.
5. Claims against Hospitals, Nursing Homes, and Health Care Providers for COVID-Related Harm
While the State of Illinois has an Executive Order in place to provide a liability shield for health care providers during the Coronavirus, Indiana does not. Moreover, the ability of the Illinois Executive Order to survive judicial scrutiny is still an open issue, as is the scope of its protections.
During the Coronavirus Pandemic, medical care decisions are being made that prioritize coronavirus concerns. These decisions may well result in medical liability claims based upon medical mistakes that include discharging patients earlier than they should be released because of the desire to make room for COVID patients, or failing to admit someone in great need of medical care because they do not present an obvious need and the facility is prioritizing all its efforts toward COVID cases. See, e.g., “New U.S. Health Crisis Looms as Patients without COVID-19 Delay Care,” written by Sharon Bernstein and published by Reuters on July 13, 2020.
For patients suffering from illnesses or injuries that are not related to the Coronavirus, they may nevertheless suffer from COVID-related harm in the form of medical malpractice or hospital errors due to the current Coronavirus preoccupation. These cases will be based upon state medical malpractice laws.
Legal Claims for Injuries Connected to Coronavirus in Indiana and Illinois
In either Illinois or Indiana, longstanding jurisprudence is in place to protect victims who have been harmed by the mistakes or intentional misconduct of another. These precedents provide the cornerstone for future legal action to be taken by those who have been harmed in the Coronavirus Pandemic.
For more on COVID-19 and Coronavirus claims, read:
- Coronavirus: COVID Violations, OSHA Inspections, and Employer Liability Claims in Indiana and Illinois
- Coronavirus: Federal Checklists for COVID Help Define Standards of Care for Businesses and Employers
- Coronavirus: New Face Mask Mandates Help Define Businesses’ Legal Duty of Care in COVID-19 Injury Cases.
If you or a loved one suffered injury either from COVID-19 or in a Coronavirus-related incident, then you may have legal remedies available to you under existing state law. Please be careful out there!
