Covid is a workplace hazard and employees are entitled to a safe place of work - Claire Campbell

As we approach the two-year anniversary of lockdown I have been reflecting on the many heart-breaking stories I have heard from families and those directly affected by Covid-19. Throughout the pandemic, Thompsons Solicitors has represented those infected in the course of employment, as patients in hospitals or residents in care homes.

Claire Campbell is a Partner, Thompsons

We set up a specialist Covid-19 unit comprising solicitors with years of experience in industrial disease. We felt best-placed to deal with this because for many of those infected while carrying out their employment duties, Covid-19 is a workplace hazard.

Employees are always entitled to a safe place of work. The global pandemic has never removed this duty from employers. There are several steps they should take to reduce the risk of employees becoming infected with Covid-19, including proper risk assessment, testing, enhanced cleaning and use of appropriate PPE.

The Covid-19 unit has also been contacted by families of many care home residents and hospital patients infected with the virus in those environments. Such institutions also hold a duty of care towards those they are trusted to care for.

All the cases we are investigating are complex, and knowledge of the virus and the steps duty-holders should take has been constantly evolving. It has been a learning experience for those of us in the Covid-19 team.

As with all disease cases, to succeed we will require to prove on the balance of probabilities, that the duty holder was negligent and injury was suffered as a result of that negligence. Crucially, we will also require to identify the source of the infection which will involve obtaining detailed evidence on a client’s activities in the run-up to developing symptoms. Certainly, if it is clear others at work have been infected or the Government guidelines have not been followed by duty holders, this will strengthen any case considerably.

Through dealing with these cases, I’ve seen first hand the devastating impact Covid-19 can have. In addition to those who have sadly died as a result, many clients suffer from long Covid, a term used to describe the effects of the virus that continue for weeks or even months beyond the initial illness. Symptoms can vary but may include extreme tiredness, shortness of breath, heart palpitations, chest pain or tightness, problems with memory and concentration, and joint pain.

Many clients have been unable to continue working as a result and experienced substantial wage loss. This will clearly have an ongoing economic impact and should act as a further incentive for employers to protect workers.

Families of those who have died of Covid-19 and those suffering from the debilitating symptoms of long Covid may understandably be focussed on other matters, rather than commencing investigations into any potential compensation claim. However it is crucial to keep in mind the limitation provisions on all personal injury claims. It is essential that investigations into potential claims commence timeously as court proceedings will be required to be raised within 3 years of the positive test result.

Thankfully with the vaccine roll-out, we see reductions in hospitalisations, serious illness, and deaths due to Covid-19. Hopefully, there is finally light at the end of the tunnel. However, as much as we are all sick of the various restrictions on our lives, dealing with such claims reinforces why such sacrifices had to be made and why we cannot afford to let our guards down just yet.

Claire Campbell is a Partner, Thompsons