Deceased employee's family sues former employer in PA's first COVID-19 death case

The world's largest beef processing company is facing Pennsylvania's first wrongful death and survival action for the coronavirus-related fatality of an employee who worked in a 1,400-worker plant in Souderton. The case, recently filed in the Philadelphia Court of Common Pleas, alleges unsafe conditions—such as working in tight quarters without proper personal protective equipment (PPE)—resulted in the employee contracting COVID-19. The complaint argues his death from the virus was both "predictable and preventable" but the company opted to "ignore worker safety" and carry on business as usual. The case is a warning to employers about the importance of heeding federal agency guidelines and recommendations for safely operating during the pandemic. It's particularly noteworthy as more employees are permitted to return to work even while the virus continues to claim additional lives each day.

Facts

Enock Benjamin, a union steward, worked for the JBS meat processing plant in Souderton from 2008 through 2020. As of his last day of work on March 27, 2020, several coworkers reportedly had already become infected with COVID-19.

When Benjamin left work on March 27, he was experiencing COVID-19 symptoms, including a cough. Over the next week, he became increasingly ill. While at home on April 3, he went into respiratory failure and died shortly after his son called 911 to assist him. An autopsy indicated the cause of death was respiratory complications related to the coronavirus.