An employee claimed that she contracted COVID-19 at work because her employer did not take sufficient safety measures and that her husband died from the disease after catching the virus from her. A California appellate court ruled that the employee was not barred by the California Workers’ Compensation Act (WCA) exclusivity rule from bringing a wrongful death action against the employer.
That rule provides that the exclusive remedy for an injury to an employee arising out of and in the course of employment is the right to recover workers’ compensation benefits.
