Employers Liability for Legionnaires’ Disease

Employers are legally obligated to provide a safe workplace under Occupational Safety and Health Administration (OSHA) standards and general health and safety regulations. This includes maintaining water systems to prevent Legionella bacteria from spreading. If an employer fails to implement preventive measures resulting in an employee contracting Legionnaires’ disease, they may be liable.

When Can an Employer Be Held Liable for Legionnaires’ Disease?

Generally, workers’ compensation laws provide employees with benefits for work-related injuries or illnesses while limiting the ability to sue their employers. This system is designed to ensure that employees receive prompt medical attention and wage replacement without the need to prove employer negligence. In exchange, employers are typically protected from personal injury lawsuits related to workplace incidents, including contracting Legionnaires’.

However, there are exceptions where you may be able to sue your employer:

Intentional Harm

If your employer intentionally caused your illness, you may have grounds for a lawsuit. This includes deliberate actions that put employees in harm’s way.

Gross Negligence or Recklessness

In some jurisdictions, if an employer’s actions are deemed grossly negligent or reckless beyond ordinary negligence, you might be able to pursue a lawsuit. This can apply if safety regulations were willfully ignored.

Lack of Workers’ Compensation Insurance

If your employer does not carry the required workers’ compensation insurance, you may be able to sue them directly to recover damages.

Third-Party Liability

While workers’ compensation limits lawsuits against your employer, it does not prevent you from suing third parties who may be responsible for your illness. For example, if a maintenance contractor’s negligence led to a Legionnaires’ disease outbreak at your workplace, you could pursue a claim against that contractor in addition to receiving workers’ comp benefits.

Dual Capacity

If your employer occupies a dual role—for instance, as both employer and equipment manufacturer—and a defect in their product causes your illness, you may be able to file a product liability lawsuit against them.

How to Establish Employer Liability

Since workers’ comp is a no-fault system, proving employer negligence is unnecessary for the claim. However, you need to demonstrate that your illness was work-related, meaning it was contracted due to exposure at your job. Here’s how to do it:

• Document Workplace Exposure: Provide evidence that the workplace had conditions conducive to Legionella growth, like cooling towers or water systems that may have been contaminated.
• Medical Records: Your diagnosis must be linked to workplace exposure. A doctor or public health expert can testify that the strain of Legionella was likely from the worksite.
• Report the Illness: Report the illness promptly to your employer to start the workers’ comp process.

To establish employer or another party’s liability for Legionnaires’ disease in a personal injury claim, the following elements must then be proven:

• Duty of Care: The defendant (at-fault party) had a responsibility to maintain the safety of the water systems in the workplace.
• Breach of Duty: The defendant failed to conduct routine maintenance, proper inspections, or implement preventive measures.
• Causation: Evidence demonstrates a clear link between the defendant’s failure to act and your illness. This could be established through maintenance records, inspection logs, or expert testimony that traces the source of Legionella bacteria to the workplace.
• Damages: You suffered harm, including medical bills, lost wages, and other damages, as a result of contracting the disease.

How a Legionnaires’ Attorney Can Help

Navigating a workers’ compensation claim and potential employer liability can be challenging. While it’s not legally required to hire an attorney, having one can be very beneficial. A Legionnaires’ disease lawyer can help you:

• Navigate complex legal procedures.
• Ensure that you receive the maximum benefits, including medical care and wage replacement.
• Assist in appealing a denied claim.
• Handle disputes over the extent of your injury or the benefits you’re entitled to.
• Investigate to determine whether your employer was grossly negligent or if any third parties are liable.

It is important to consult an experienced attorney who can evaluate your specific situation as soon as possible. They can help determine whether an exception applies to your case and advise you on the best course of action to pursue compensation for your illness.