Can I Sue Workplace For Allowing Sick To Work?

Writing By /
Brenton Armour
UX/UI Designer at - Adobe

Brenton Armour, the visionary founder and lead attorney at InjuryLawsuitHelper, boasts an impressive 15-year track record in personal injury law. His remarkable expertise spans cases...Read more

Introduction:

For many employees, going to work while feeling under the weather is a common occurrence. However, when sick employees are allowed to come to work, it can have serious consequences for both the individual and the workplace. This begs the question, can an employee sue their workplace for allowing sick employees to work?

Firstly, it is important to understand the potential dangers and risks associated with allowing sick employees to work. From the spread of illness to decreased productivity and even potential lawsuits, the consequences can be severe. As a result, employees may have legal options available to them if they believe their workplace is not taking sufficient measures to prevent sick employees from coming to work.

Can I Sue Workplace for Allowing Sick to Work?
It depends on the circumstances. If your workplace forces or encourages sick employees to come to work, and you contract an illness as a result, you may be able to sue for damages. However, if your employer takes reasonable precautions to prevent the spread of illness and you become sick anyway, it may be difficult to prove negligence on their part. It’s best to consult with a lawyer to determine if you have a case.

Can I Sue Workplace for Allowing Sick to Work?

Can I Sue Workplace for Allowing Sick to Work?

Working while sick is a common occurrence in many workplaces. However, this practice can be dangerous, not only to the sick employees, but also to their colleagues and customers. In some cases, allowing sick employees to work can even be illegal. So, can you sue your workplace for allowing sick employees to work? Here’s what you need to know.

The Risks of Allowing Sick Employees to Work

Allowing sick employees to work can have serious consequences for both the employees themselves and the people around them. Sick employees may not have the energy or focus to perform their job duties correctly, which can lead to mistakes, accidents, and injuries. They may also spread their illness to others, which can cause the illness to spread throughout the workplace or to customers.

In some cases, allowing sick employees to work can even be illegal. For example, in the healthcare industry, employees who have communicable diseases may be prohibited from working until they are no longer contagious. Similarly, in the food industry, sick employees may be prohibited from working around food or food preparation areas.

When Can You Sue Your Workplace?

Whether or not you can sue your workplace for allowing sick employees to work depends on a variety of factors. In general, you may be able to sue if you can prove that your employer was negligent in allowing sick employees to work, and that this negligence caused you harm.

To prove negligence, you will need to show that your employer had a duty to protect you from harm, that they breached this duty by allowing sick employees to work, and that this breach caused you harm. You will also need to show that your harm was a direct result of the breach, and that you suffered damages as a result.

The Benefits of Suing Your Workplace

If you are successful in suing your workplace for allowing sick employees to work, you may be entitled to compensation for your damages. This may include compensation for medical bills, lost wages, pain and suffering, and other damages.

In addition to the financial benefits, suing your workplace can also help to hold your employer accountable for their actions. This can send a message to other employers that allowing sick employees to work is not acceptable, and can help to prevent similar incidents from happening in the future.

The Drawbacks of Suing Your Workplace

While there are benefits to suing your workplace, there are also drawbacks to consider. Suing your employer can be time-consuming, stressful, and expensive. It may also damage your relationship with your employer, and could even lead to retaliation.

Before deciding to sue your workplace, it is important to weigh the potential benefits against the potential drawbacks, and to consult with a qualified employment attorney to discuss your options.

Suing Your Workplace vs. Other Options

If you believe that your workplace is allowing sick employees to work, there are other options to consider before suing. For example, you may be able to file a complaint with your employer or with a government agency, such as OSHA or the EEOC.

Alternatively, you may be able to speak with your employer directly and try to resolve the issue through mediation or other forms of dispute resolution. In some cases, simply raising your concerns may be enough to convince your employer to take action.

The Bottom Line

Allowing sick employees to work can be dangerous, and in some cases, illegal. If you believe that your employer is allowing sick employees to work, you may have legal options available to you. Before deciding to sue, it is important to weigh the potential benefits against the potential drawbacks, and to consult with a qualified employment attorney to discuss your options.

Frequently Asked Questions

Can an employee sue their workplace for allowing sick employees to work? This is a common question that arises when an employee contracts an illness from a coworker who was not sent home despite showing symptoms. Here are some answers to this frequently asked question.

What are the legal responsibilities of an employer when it comes to sick employees?

Employers have a legal responsibility to provide a safe working environment for their employees. This includes taking reasonable steps to prevent the spread of illness in the workplace. An employer should have policies in place to require employees to stay home when they are sick and to provide sick leave for those who need it. Failure to do so can put other employees at risk and may result in legal action.

However, there is no guarantee that an employer can prevent all illnesses from spreading in the workplace. If an employee contracts an illness from a coworker who was not showing symptoms or was not aware of their illness, the employer may not be held liable.

Can an employee sue their employer if they contract an illness from a sick coworker?

In some cases, an employee may be able to sue their employer if they contract an illness from a sick coworker. However, this can be difficult to prove. The employee would need to show that their employer was aware that the sick employee was contagious and still allowed them to work, or that the employer failed to take reasonable steps to prevent the spread of illness in the workplace.

It is important for employees to report any concerns about sick coworkers to their employer and to follow the employer’s policies regarding illness and sick leave. This can help to prevent the spread of illness and can also provide evidence if legal action is necessary.

What damages can an employee recover if they successfully sue their employer for allowing sick employees to work?

If an employee successfully sues their employer for allowing sick employees to work, they may be able to recover damages for any medical expenses, lost wages, and other costs associated with their illness. They may also be able to recover damages for pain and suffering and other non-economic losses.

However, it is important to note that each case is unique and the damages that an employee may be able to recover will depend on the specific circumstances of their case.

What can employers do to prevent the spread of illness in the workplace?

Employers can take several steps to prevent the spread of illness in the workplace. These include implementing policies requiring employees to stay home when they are sick, providing sick leave for those who need it, encouraging employees to get vaccinated, and providing hand sanitizer and other cleaning supplies in the workplace.

Employers should also be proactive in educating their employees about the importance of staying home when they are sick and the steps they can take to prevent the spread of illness.

What should employees do if they believe their employer is not taking reasonable steps to prevent the spread of illness in the workplace?

If an employee believes that their employer is not taking reasonable steps to prevent the spread of illness in the workplace, they should report their concerns to their supervisor or human resources department. If the issue is not resolved, they may want to consider contacting an employment lawyer or filing a complaint with the appropriate government agency.

Employees should also take steps to protect themselves, such as washing their hands frequently, avoiding close contact with sick coworkers, and wearing a mask if necessary.

In conclusion, it is important to remember that your health and safety should be a top priority in the workplace. If you believe that your employer is putting you at risk by allowing sick employees to come to work, you may have legal options available to you.

Before taking any legal action, it is recommended that you speak with a qualified employment lawyer who can evaluate the specifics of your situation and advise you on the best course of action. They can also help you determine if you have a strong case and what damages you may be entitled to.

Ultimately, holding your employer accountable for their actions can not only help you recover compensation for any losses you may have suffered but can also send a message to other employers that they must prioritize the health and safety of their employees. Don’t hesitate to take action if you believe your rights have been violated in the workplace.

Brenton ArmourUX/UI Designer at - Adobe

Brenton Armour, the visionary founder and lead attorney at InjuryLawsuitHelper, boasts an impressive 15-year track record in personal injury law. His remarkable expertise spans cases from minor injuries to devastating accidents, earning him a sterling reputation as a trusted and passionate advocate for justice. Brenton's unwavering dedication to his clients has cemented his position as a sought-after personal injury attorney.

Scroll to Top