Advocacy Groups across the Nation Rally in Fight to Protect Coronavirus Victim’s Right to Sue for COVID-19 Injuries
Coronavirus victims and their families can suffer significant personal harm as a result of exposure to the COVID-19 virus. Like other injury victims, they have recognized legal remedies under the negligence, premises liability, workers’ compensation, and wrongful death laws of both Indiana and Illinois. Damages can be awarded for things like medical expenses, lost wages, pain and suffering, and more.
However, Coronavirus victims are being treated differently than other personal injury victims who have been harmed as the results of another’s actions (or failures to act). Sadly, justice may be even harder for these victims to achieve than other victims who have suffered from other kinds of health risk exposure, or in accidents at home or at work.
COVID-19 injury claims are almost guaranteed to be denied when submitted by the victim.
Our warnings continue to those who have fallen ill to the Coronavirus that the insurance industry and their defense counsel, as well as various industry organizations, are not willing to take responsibility for covering COVID-19 injury claims. See, e.g., “Coronavirus Workers’ Compensation in Illinois: IWCC Forced to Repeal Help to COVID-19 Victims” and “Coronavirus Victims Face Senate Attempt to Protect Businesses from Being Sued in COVID Personal Injury Lawsuits”.
Fight for COVID-19 Victims and Those Filing Coronavirus Injury Claims
We are far from alone here. Our concerns are shared by many who advocate for those suffering harm through the acts of another.
1. 118 Groups Send Joint Letter to Congress on April 29, 2020
On April 29, 2020, 118 groups signed a joint letter addressed to Congress in response to U.S. Senate Majority Leader Mitch McConnell (R-Ky.) revelation that he would ask for passage of a federal law that provides businesses with immunity from being held liable to both (1) workers and (2) customers who became ill with COVID-19 after the business failed to take reasonable steps to protect people. Signatories include the AFL-CIO, Consumer Reports, Economic Policy Institute, the International Brotherhood of Teamsters, NAACP, and Public Citizen.
Read the April 29th letter with its complete litany of 180 signatures here.
These 118 groups collectively urge Congress to consider the ramifications of granting businesses immunity from liability on COVID-19 claims. Included in their arguments is the reality that the business’ risk of exposure to personal injury lawsuits is a very real protection for both workers and customers.
From their letter (emphasis added):
“[W]e strongly oppose any legislation that would establish nationwide immunity for businesses that operate in an unreasonably unsafe manner, causing returning workers and consumers to risk COVID-19 infection.
“Removing legal accountability for businesses not only would jeopardize the health and safety of workers, it would also jeopardize everyone who enters those workplaces. This would be extremely damaging to the nation’s economic recovery.
“[L]egal liability is one of the most powerful incentives we have to ensure that businesses operate safely. When workplaces are not properly protected, patients, customers, clients, and the community are all at risk.
“From protecting the food supply chain to preventing needless deaths in nursing homes, it is clear that companies responsible for the health and safety of others must continue having every incentive to protect them.”
2. Consumer Protection Advocacy Groups Send Letter to Congress on May 6, 2020
On May 6, 2020, another letter was sent to Congress denouncing any attempt to give businesses in America blanket immunity from liability in Coronavirus injury claims. Also writing to the majority and minority leaders of both the Senate and the House of Representatives, these consumer groups warned against allowing immunity from liability to businesses responsible for COVID-19 exposure to workers or customers.
This correspondence was sent by the following national consumer protection organizations:
- Consumer Federation of America;
- Consumer Reports;
- National Association of Consumer Advocates;
- Public Citizen; and
- S. PIRG (Public Interest Research Group).
Read the May 6th letter sent by the consumer protection groups here.
These groups voiced their “vigorous opposition” to any attempt by Congress to thwart state laws that provide victims with the ability to hold businesses responsible for their negligent conduct for many reasons, including the obvious “unwarranted disrespect for state law, including centuries-old state-law remedies.”
Their position is clear. As explained by Public Citizen in its release (emphasis added):
“Businesses’ calls for immunity are premised on a false choice between the return to a healthy economy and allowing businesses to be held accountable if their carelessness causes people to get sick.
“Companies’ purported concern about lawsuits leading to catastrophic bankruptcies is a smokescreen for an opportunistic attempt to use the anxiety that we all share today to push through a groundbreaking weakening of the law.
“Indeed, many of the companies seeking immunity now have long been doing so, invoking the bugaboo of tort liability as the cause of their claimed struggles (often even as company profits have in fact thrived).”
They point out that state personal injury laws are a “crucial means of encouraging businesses to take reasonable steps to protect workers and consumers.” They acknowledge that state laws, as for example those of Indiana and Illinois, work to “establish the duties of care by which we assess the reasonableness of conduct.”
They warn that allowing immunity does two things: it (1) “cuts off individuals’ only avenue of seeking compensation for harm” and simultaneously (2) “neuters the duty (and a key incentive) for businesses to take reasonable steps to ensure that no harm occurs in the first place.”
May 12, 2020: Congressional Hearing on “Examining Liability during COVID-19 Pandemic”
This week, the Senate Committee on the Judiciary held a full committee hearing on “Examining Liability During COVID-19 Pandemic.” Video of the complete hearing is available here.
There was an interesting and limited witness list:
- Kevin Smartt, Chief Executive Officer, Kwik Chek Convenience Stores;
- Anthony “Marc” Perrone, International President, United Food and Commercial Workers International Union;
- Rebecca Dixon, Executive Director, National Employment Law Project;
- Leroy Tyner, Jr., General Counsel, Texas Christian University;
- Professor David Vladeck, A.B. Chettle Chair In Civil Procedure, Georgetown University Law Center; and
- Helen Hill, Chief Executive Officer, Explore Charleston.
COVID-19 Victims Face Individual Fight and Collective Battle for Justice
What Congress will ultimately decide on the issue of granting businesses in this country immunity from liability in Coronavirus injury claims is unclear.
As advocates for injury victims in Indiana and Illinois, we recognize there is clear protection from financial exposure to any business who acts in a reasonable manner to meet its duty of care to workers and employees.
Existing state laws allow for victims to be awarded damages only in the case of negligence, where the duty of care has been breached by the business. If the victim cannot establish negligence, then the business is not liable.
State laws in Indiana and Illinois already provide protections to businesses who have not behaved in a negligent manner that has hurt someone. COVID-19 victims deserve the same respect in their quest for justice as do other injury victims, who have been harmed in car crashes, on-the-job accidents, etc.
For more on Coronavirus claims, see:
- Coronavirus Air Travel Lawsuits: Airlines’ Duty to Keep Plane Passengers and Crew Safe from COVID-19;
- Coronavirus: Nursing Home Liability for COVID-19 Injuries in Illinois and Indiana;
- Coronavirus: Truck Driver Dangers of Injury and Accident in Indiana and Illinois;
- Coronavirus Lawsuits for Business Interruption Losses after Insurer Denial of COVID-19 Claims;
- Coronavirus Insurance Claims for Illness: Coverage for COVID-19 Bodily Injury and Claim Denials;
- Coronavirus Lawsuits and COVID19 Legal Claims in Indiana and Illinois: Wrongful Death or Serious Injury.
Coronavirus exposure is a very real danger to everyone working and living in Indiana and Illinois. COVID-19 victims and their families are facing individual fights for their injury claims to be honored as well as collective battles against businesses being given blanket protections from being held accountable for their wrongs. Please be careful out there!
