Pennsylvania Employer Sued Over Employee's COVID-19 Death

Late last week, Pennsylvania saw its first employment-related COVID-19 lawsuit. The family of a meatpacking employee who recently died of COVID-19 sued his employer, claiming that the unsafe conditions at the Montgomery County plant where he worked caused him to contract the virus. In particular, the employee’s family claimed that the employer disregarded guidance from government agencies, required employees to work in close conditions and without personal protective equipment, discouraged workers from taking sick leave, failed to properly test employees for COVID-19, and deceived workers regarding the safety of the plant’s conditions. The employer is facing claims of negligence, fraudulent misrepresentation, and wrongful death.

This case emphasizes the importance of following the state Department of Health’s operational guidelines for “life-sustaining” businesses, as all businesses that cannot conduct in-person operations will be required to follow such guidelines when their respective counties “turn yellow” under the state’s re-opening plan. It also highlights the need to have an employer response plan, which will be critical in defending against administrative investigations or lawsuits. For questions about these topics or any other labor and employment matter, please contact the attorneys at Hoffman & Hlavac. To stay updated on the labor and employment law developments that affect your workplace, subscribe to our blog and follow us on social media.