Will COVID-19 end the Pennsylvania Workers' Comp exclusive remedy provisions?

An employee at a meatpacking plant died from complications related to COVID-19 and his estate filed suit against the employer. Constantly changing regulations and guidance from the CDC, OSHA, and federal and state governments regarding the coronavirus could affect tort actions against employers. (Photo: David Tadevosian/Shutterstock)

A Pennsylvania meatpacking plant employee passed away from COVID-19 related complications on April 3, 2020, and his family filed a wrongful death suit in Philadelphia County on May 7, 2020 (Estate of Enock Benjamin v. JBS, S.A., et al). The complaint alleges that the employer, a large meatpacking plant, ignored guidelines imposed by the Centers for Disease Control and OSHA by failing to provide personal protective equipment (PPE), did not follow social distancing guidelines, discouraged workers from taking sick leave if they were ill, and failed to provide any testing or monitoring of employees’ health.