In a landmark inquest ruling on the deaths of two nurses, a coroner cited for the first time the link between Covid-19 and industrial disease. But lawyers are ruling out a flood of civil claims.
The verdict on the deaths, at the onset of the Covid-19 pandemic, will not necessarily open the floodgates to more such verdicts, they say, and the prospect of bringing successful civil claims on behalf of victims who contracted the virus at work is still a distant one.
In the ruling last week, Graeme Hughes, the senior coroner for South Wales Central, said it was “more likely than not” that Gareth Roberts and Dominga David were exposed to the virus while at work. He ruled that they died of industrial disease, reports the Law Society Gazette.
“On the balance of probabilities, exposure more likely happened at work and infection happened as a result of that exposure,” he said.
Roberts, who worked at University Hospital of Wales in Cardiff, had contracted the virus and died in the early stages of the pandemic. His inquest had explored national guidance that was in force at the time in terms of infection prevention and control, cohorting of Covid-19 patients, PPE and risk assessments of employees.
The inquest heard that his family had concerns about whether he was properly risk-assessed, given that he was 65-years-old with Type 2 diabetes and therefore high-risk. There were also questions about the effectiveness of the protective equipment with which he was supplied.
Roberts was in good health and died from complications arising from Covid-19, the inquest heard.
Matthew Turner, who was instructed by the Royal College of Nursing to represent the family of Roberts, said this was a “hugely significant inquest”, which resulted in the first case in which Covid-19 contracted at the workplace was recognised as an industrial disease.
“There were extensive legal submissions on the meaning of ‘industrial disease’ and whether this was open to the coroner as a short-form conclusion,” he said. “The family submitted this was an available and appropriate conclusion, whereas the health board argued that such a ruling would be wrong in law.”
The board in both cases made the case that the deaths were from natural causes.
The question now is whether the verdicts will be first of many, and perhaps whether lawyers might bring civil cases on behalf of workers exposed to the virus.
The Health and Safety Executive estimates that 123 000 workers suffering from Covid-19 in 2021/22 believe they contracted it from exposure at work. Another 585 000 workers suffered from a work-related illness caused or worsened by the effects of coronavirus.
Turner stressed that the rulings were fact-specific and should not be regarded as opening the floodgates to civil claims.
“Covid workplace claims are going to require some sort of failure and negligence, such as not providing the right PPE or not following the guidance at the time.”
The Law Society Gazette article – Claims hurdles remain after landmark Covid case (Open access)
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