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California Supreme Court Takes on Employer Liability for Take-Home Covid-19 Infections

The California Supreme Court recently agreed to decide two issues concerning an employer’s liability for the “take-home” spreading of Covid-19 within employees’ homes. When the Court hears the case of Kuciemba v. Victory Woodworks, Inc., it will determine whether an employer is liable to an employee’s spouse when an employee contracts Covid-19 in the workplace and subsequently infects their spouse at home. Additionally, the Court will rule on whether employers owe employees’ spouses a duty to exercise ordinary care to prevent the spread of Covid-19.

The Kuciemba case stems from a claim brought by a Victory Woodworks, Inc. (“Victory”) employee and his spouse, alleging that Victory caused the spouse’s injuries after she tested positive for Covid-19. According to the couple, Victory knowingly and improperly transferred workers from an infected construction site to the employee’s jobsite. After working in close contact with the transferred workers, the employee soon developed Covid-19, which he brought back home. Soon after, the employee’s spouse tested positive for Covid-19 and was hospitalized with severe symptoms.

As we see no signs of Covid-19 going away, a decision from the Court finding in favor of the employee and his spouse may open the door to an increase in lawsuits against employers regarding “take-home” Covid-19 infections. To ensure that you are mitigating your legal risk or to address a demand letter or filing of a lawsuit against your company, contact your local Employer Lawyers at Chauvel & Glatt. The Employer Lawyers will assess your circumstances and help you navigate your legal matter.

This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute legal advice.  For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500 for legal assistance near you.


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