COVID-19 Update: How We Are Serving and Protecting Our Clients

Articles Tagged with Coronavirus

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An organization to protect safe and healthy working conditions for employees in the United States, the Occupational Safety and Health Administration (OSHA), has failed its mission in a meat packaging plant in Scranton, Pennsylvania. Three workers have filed a lawsuit in a federal court against the agency claiming that they have caused the plant to become dangerous and potentially fatal to all the employees.

The Occupational Safety and Health Administration (OSHA) is an agency of the United States Department of Labor. The organization was created under the Occupational Safety and Health Act by President Richard M. Nixon in 1970. The primary goal of OSHA is to protect employees by observing and verifying that working conditions are updated and safe to work in. However, the government foundation was unsuccessful at ensuring secure environments at a meat packaging franchise. Maid-Rite Specialty Foods is a frozen food manufacturer that produces meat products, such as chicken, pork, turkey, beef, and veal. Recently, their plant in Scranton has experienced an influx of attention, due to its questionable practices.

In July, three meatpacking workers decided to file a lawsuit against OSHA for unsafe working conditions after they failed to respond to the incident previously. The employees stated that the company has produced an “imminent danger” throughout the plant by inadequately implementing codes and procedures to prevent the spread of COVID-19. Originally filed in May, the suit states that Maid-Rite did not supply workers with appropriate equipment and failed to implement social distancing guidelines during the pandemic. In response, Maid-Rite reported to OSHA that they were not able to maintain a 6 feet distance between workers on the production lines, but they have provided workers with masks, given them staggered breaks, and performed deep cleanings of the plant. As a result, OSHA closed the case. Since then, one person who spoke out against the manufacturer claims that they did not separate unhealthy workers in the plant, and people failed to tell the company that they were sick. In addition, the employee claimed that Maid-Rite provided workers with an incentive to work by providing bonuses to people who did not miss a day of work. According to public health officials, this decision encourages people to work when they are potentially sick. All the evidence described has led workers to go to a federal court in order to receive changes in their current working conditions.

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During this time of crisis, it’s extremely important to understand that COVID-19, if contracted during your course of work, qualifies as a Workers’ Compensation illness.  In other words, if you end up getting the disease, because of a coworker, client, or anyone else you come in contact with during the course of your work day, you may be eligible to receive Workers’ Compensation benefits because of it.  As the information regarding the disease, and how it relates to Workers’ Compensation benefits grows, the demand will too.

Workers’ Compensation is one of our state’s greatest achievements.  It allows injured workers to receive benefits despite missing time from work.  However, in order to receive these benefits, the cause of your missed time must be work-related. This is the biggest challenge in proving any occupational illness as a workers’ compensation injury, because it can be difficult to prove that you got the virus at work and not from someone outside of work. If you were directly exposed at work to someone with a confirmed case of COVID-19 and you have bene effectively socially isolating yourself outside of work, you may have a good case.

Why is it important that you are aware of these protections?  As the disease spreads, the likelihood of getting it increases.  If you are considered essential, you will be forced to leave isolation and put yourself at risk for the greater good of our country.  We are so thankful for your sacrifices and continued dedication, but also recognize the risks that come with it.  With growing cases will come growing demand for Workers’ Compensation benefits due to increased exposure.  If you experience COVID-19 symptoms we recommend you immediately contact a medical professional.  If you are forced to miss time from work because of these symptoms, or any other injury/illness, you should immediately contact a Workers’ Compensation attorney.

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