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What Covers COVID-19 in Personal Injury Law?

Even though COVID-19 has been in Florida for nearly two years, it is still an extremely prevalent force that affects the personal injury law. COVID-19 is still a part of the Florida economy, and with the omicron variant, it does not seem to be going away very soon. Worker’s compensation claims and other personal injury lawsuits are common occurrences for COVID-19 related injuries are very common. This blog will overview the law relating to injuries in personal injury cases.

What Types of COVID-19 Personal Injury Claims are There?

There are many possible claims with regards to COVID-19, that may be brought. Some of the following are the most common:

Nursing Home Negligence

While Nursing Homes have been granted more legal protections by the state of Florida in recent months, they still must take basic precautions to protect their residents from the spread of COVID-19. Nursing homes should take basic precautions such as conducting testing, make sure social distance is maintained, and isolating positive residents. If normal precautions are not taken, the nursing home could be liable.

Medical Malpractice

Medical Malpractice claims relating to COVID-19 exist as well. Medical Practitioners are required to practice at a standard of care higher than other professionals. If you contracted COVID due to medical malpractice you may have a claim.

Cruise Ship Liability

While laws are in place to protect cruise ship companies, they still have to show some effort to protect passengers. If a ship is aware of a COVID case on board and fails to notify passengers and fails to take reasonable precautions in a reasonable time, they may be liable.

Workplace Exposure

Laws regarding workers compensation claims can be complicated, and it can be difficult to get financial compensation if you gain COVID on the job. Still, it can be possible.

What if COVID-19 Causes a Lapse in Insurance Coverage?

It is always important to keep paying insurance, even during a recession. It is the law to have car insurance when operating a vehicle in Florida, and if you don’t have car insurance and get into a car accident, you may face fines, license suspensions, and other penalties. Furthermore, you may find yourself personally liable for any damage you are responsible for during a crash. When medical bills are taken into account, this could be a massive amount of money, some of which may be garnished from your wages.

Does Workers Compensation Apply if an Employee Contracts COVID-19 in the Workplace in Florida?

State laws vary depending on whether illness or death from COVID-19 is covered under the worker’s comp programs. In Florida, first responders can file a workers compensation claim for COVID-19 related injuries, unless the state of Florida can rebut the presumption that it is covered under workers comp. Generally, other employees can file a worker’s comp claim as well, but some businesses have stronger immunity from COVID claims.

How Soon do Employees or Customers Need to File Their Personal Injury Lawsuits?

Employees generally have two years to file a workers compensation claim, and four years to file a personal injury lawsuit. These rules apply to Florida. Other states may have different regulations.

How Soon do Employees or Customers Need to File Their Personal Injury Lawsuits?

While you can never immunize your business completely against every COVID-19 claim, you can take precautions to make your business less susceptible to claims.  These include:

  • Following Occupational Safety and Health Administration guidelines and rules.
  • Follow the Centers for Disease Control and Prevention Guidelines.
  • Following all state guidelines.
  • Make sure to respond completely and immediately to any customer and employee complaints relating to COVID-19 safety.
  • Make sure to document any COVID-19 related issues.
  • Make sure to have a written COVID-19 prevention plan.
  • Be aware of what other people in your industry are doing to make sure the COVID-19 virus does not cause too much damage.
  • Make sure that all employers are educated on the dangers of COVID-19, and follow proper hygiene standards.
  • Make sure the building it properly ventilated.
  • Make sure to the building has a routine cleaning and disinfection plan to slow the spread of the virus.
  • Allow and encourage employees to take days off if they are sick, and to receive a COVID-19 test if they have symptoms consistent with the disease.
  • As a form of extra precaution, your business may also mandate mask for unvaccinated guests, and have them for sale or for free at the front counter.

Bulluck Law Group has years of experience working to get justice in Florida’s legal system and has a deep knowledge of the rules regarding the Coronavirus.

Bulluck Law Group has the team necessary to get you the justice you need and deserve. Contact us today for a free consultation to determine whether we are the right fit for you and your case. Contact us for a free consultation today.

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