Are California Employers Responsible for a Worker's Family Getting Sick?

Is an employer responsible for the health, welfare, and safety of an employee's family under a general duty to maintain the safety of their employees when those individuals are in the scope of their employment? That question has heated up in recent years as California courts have been flooded with claims from employees who have been infected with the COVID virus while at work and brought it home, endangering their families.

In March of 2020, the government implemented shelter-in-place instructions throughout California. A month later, the restrictions were revised and “essential” firms including the building sector were permitted to reopen.

One such “essential” employee was Mr. Robert Kuciemba, who returned to work at Victory Woodworks, Inc. (“Victory”) in San Francisco following the modification of the broad governmental stay at home order.

Earlier this year, the California Supreme Court agreed to determine if state law allows people who contract COVID-19 while working in California to sue their employers.

Questions being Considered

1. The first issue under consideration is whether employers have any legal responsibilities to the households of their employees in order to prevent COVID-19 from spreading.

2. The second question is whether such claims are prohibited under the state's derivative injury doctrine, which generally prohibits third-party lawsuits that are collateral to or derivative of workers' compensation injuries.

The Kuciemba Case

The employee and his spouse sued the firm, claiming that its negligence and lack of safety precautions in the face of the COVID-19 epidemic resulted in him contracting COVID-19 at work, which he subsequently brought home and passed on to his wife, resulting in her becoming severely ill.

The case was dismissed by the district court, which ruled not only that California workers' compensation law's exclusive remedy provision precluded the suit because the spouse's injuries were "derivative" to the employee's, but also that the employer did not have a duty of care to the employee's spouse.

The Ninth Circuit asked the California Supreme Court to rule on these important legal questions because of the absence of precedent in California and the potential social policy ramifications if employers may be held liable for COVID-19 infections among their workers' families.

Conclusion

The Court's answers to these questions may have a significant influence on businesses because although COVID-19 infection rates might fluctuate, the virus has shown no indications of going away. We'll keep an eye on this case as it progresses and provide any necessary updates on the California Supreme Court's decision.

Regardless if you spread it to your family, if you are an employee who becomes sick while on duty at your job, you are entitled to workers' compensation. Talk to the workers' compensation specialists at Cole, Fisher, Cole, O’Keefe + Mahoney.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.