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Can I File a Personal Injury Claim for COVID-19?

December 5, 2020

You might be asking: Can I File a Personal Injury Claim for COVID-19? The COVID-19 pandemic has affected millions of people around the globe. The effects of this disease are wide-ranging, contributing to thousands of deaths and causing long-lasting complications in previously healthy patients. If you develop COVID-19 due to the negligence of another person or entity, you may wonder if you have options to hold the at-fault party accountable for your damages. The legal field surrounding COVID-19 injury claims is still developing, but you may be eligible to file a claim in certain circumstances.

Workplace Claims and COVID-19 Transmission

Under Colorado law, you may be eligible for workers’ compensation benefits if you contract COVID-19 on the job. However, you will need to prove that you contracted the disease while performing your job duties and not from another source, which can be difficult. Many Colorado employees report that their claims were denied for this reason.

One emerging area of litigation involves COVID-19 lawsuits against workplaces who fail to protect their employees against the transmission of the disease. However, you will need to prove that negligence contributed to the transmission; for example, if you work at a restaurant who ignored state policies regarding indoor dining and you developed COVID-19 as a result, you may have grounds for a claim.

Patrons who develop COVID-19 due to the negligent actions of a business may also qualify for this litigation, but proving these claims can be difficult due to the intangible nature of viral transmission. Colorado has not granted immunity for businesses who violate COVID-19 safety procedures, but these laws can change at the federal and state levels. It is best to speak to a Denver personal injury lawyer as soon as possible to discuss your grounds for legal action.

Nursing Home Negligence Claims

Across the country, many individuals are filing wrongful death and personal injury claims against nursing home facilities who exposed their residents to COVID-19. In May 2020, some states granted liability protection to these facilities against COVID-19 lawsuits involving ordinary negligence, but Colorado is not one of them.

If you believe that the negligent actions of a nursing home facility contributed to the transmission of COVID-19, you can file a lawsuit against it. You will need to prove that you or a loved one contracted COVID-19 due to inadequate safety measures, such as improper sanitization or failure to follow quarantine procedures.

Medical Malpractice and COVID-19

Since hospitals and medical facilities contain COVID-19 patients, you may wonder if you could file a claim against a facility if it exposed you to the disease during an unrelated visit. However, Colorado executive orders provide immunity for healthcare facilities from claims that arise for COVID-19 injuries or deaths that they may have caused, as long as the direct cause involved actions taken in good faith. If the facility’s actions arise to the level of fraud, malice, gross negligence, or criminal activity, you may have grounds for a claim.

COVID-19 personal injury claims reside in new legal territory, so it is important to know that state laws may change as time progresses. If you believe that you may qualify for a COVID-19 personal injury lawsuit, speak to an attorney as soon as possible. Your attorney will have the experience, knowledge, and access to recent developments necessary to evaluate your claim and determine whether you should proceed with legal action.

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