Exposed To COVID-19? Can You Sue an Employer? | Grey Law
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Exposed To COVID-19? Can You Sue an Employer?

Are There Legal Repercussions for The Spread of COVID At the Office?

Can I sue if someone gave me Covid? With frequent amendments and policy changes regarding masks and vaccine mandates, it’s unclear what resources are available to employees. If you believe you contracted Covid from an employee or employer at work, you deserve to know whether you’ll be compensated for the injuries caused and time off work. When you reach out to a workplace accident lawyer from Grey Law, we will provide the best legal advice for your circumstances.

Employer Negligence – Covid Exposure

As an employee, your ability to go to work and perform well is based on the workplace environment provided. Those at an increased Covid risk found their health was compromised when the company failed to take these steps:

  • Provide face masks, hand sanitizer, personal protective equipment (PPE), or plexiglass
  • Implement social distancing measures or modify the workspace to accommodate state and federal regulations
  • Clean and sanitize the workplace or supply cleaning supplies to employees for individual needs

Employers are considered negligent when their action or failure to act results in injury or death. Very few states offer an exception to sue outside of workers’ compensation unless the legal circumstances have been extremely damaging.

Workers’ Compensation For COVID

If you’ve tested positive for Covid because of unsafe working conditions at work, you have a right to file a claim for workers’ compensation benefits. Workers’ comp is a form of insurance provided to injured employees when they become sick at work or on the job. It typically covers medical expenses, back pay from time off work, and financial assistance for rehabilitative services. Notify your employer the moment you receive a positive test to begin the claims form process.

Another question plaintiffs inquire is: “If I get covid at work, can I sue my employer for negligence?” Keep in mind that applying for workers’ comp means you cannot legally pursue damages from your employer. After signing a claim, employees are barred from filing a lawsuit. Because Covid cases are typically hard to prove, it is unlikely victims will receive an adequate settlement from co-worker transmission. To prove negligence requires a skilled bodily injury lawyer to demonstrate that the defendant owed the plaintiff a legal duty of care and breached that responsibility.

COVID-19 Workers’ Comp Denial

Denial for Covid-related workers’ comp is rare, as most claims are filed when there is an outbreak. As long as you can demonstrate that you contracted the disease at work, your supervisors must grant you the assistance needed. In California SB 1159 (Workers’ Compensation Presumption) protects public and private employees through January 1, 2023. When the bill expires next year, it could be left up to your employer to decide whether to continue providing aid. The best thing you can do when presented with legal challenges is reach out to a personal injury attorney.

About Grey Law

“When it comes to getting you more, I won’t settle for less.” – David Grey

When you or a loved one are injured due to negligence, carelessness, or wrongful acts of another person, David Grey is ready to help. Seeking compensation or negotiating with insurance companies can be stressful, especially while recovering. Let us do that for you. Our Los Angeles personal injury lawyers are well-versed in several practice areas:

Why do you need a lawyer for accident compensation? With thousands of lawyers in California, we understand it can be difficult to choose the right legal representation. We have 35+ years of experience and secured millions for our clients. From the time you retain our firm, we build your case. For a free case evaluation and consultation, reach out to us at (323) 857-9500 or email

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