New York Court Forces Freight Company to Pay for COVID-19 Workplace Death

Why It Matters

The verdict signals that employers can face workers’ compensation liability for COVID‑19 deaths without pinpointing exact exposure, prompting stricter safety compliance. It sets a binding precedent for future pandemic‑related claims across industries.

Key Takeaways

• Court rules COVID death qualifies as work accident
• ABF Freight liable for workers' compensation benefits
• Lack of masks proved workplace exposure
• Ruling sets precedent for future pandemic claims
• HR must enforce safety protocols to limit liability

Pulse Analysis

New York’s appellate decision marks a pivotal shift in workers' compensation jurisprudence, expanding the definition of a compensable workplace injury to include viral infections acquired amid an outbreak. By emphasizing the prevalence of COVID‑19 within the terminal and the absence of protective measures, the court lowered the evidentiary burden on claimants. This approach aligns with recent state rulings that accept either documented exposure or a demonstrable high‑risk environment as sufficient proof, thereby reshaping how courts assess pandemic‑related claims.

For employers, the ruling underscores the financial and reputational stakes of inadequate pandemic response. Companies now face heightened exposure to compensation claims, insurance premium hikes, and potential class‑action lawsuits if they fail to implement and enforce health safeguards. Risk managers must revisit safety protocols, ensure proper personal protective equipment (PPE) availability, and maintain meticulous records of workplace health incidents. Proactive measures not only mitigate liability but also support business continuity by protecting the workforce.

HR leaders should treat this case as a blueprint for future compliance strategies. Documenting exposure incidents, conducting regular health risk assessments, and fostering a culture of safety are essential to defend against workers' compensation claims. Moreover, the decision may influence other jurisdictions adopting similar standards, prompting a nationwide reevaluation of employer responsibilities during health crises. By integrating robust safety policies and transparent communication, organizations can reduce legal exposure while safeguarding employee well‑being.

New York court forces freight company to pay for COVID-19 workplace death

The Appellate Division decision, issued February 11, sends a clear message to employers: workplace outbreaks can make you liable for worker deaths, even years after the pandemic’s peak.

The case involves ABF Freight System and Rosemarie Hogan, whose husband died in April 2020 after contracting COVID‑19 at the company’s Brooklyn terminal. The court’s ruling affirms that his death qualifies as a work‑related accident under workers’ compensation law.

The timeline reveals how quickly the virus spread through the workplace. The truck driver started showing symptoms on March 27, 2020, with fever and flu‑like complaints. He tested positive the next day, was briefly hospitalized, then sent home. Days later, he collapsed and was readmitted with severe complications. On April 3, 2020, he died from cardiac arrest caused by respiratory failure linked to COVID‑19.

What made this case compelling for the Workers’ Compensation Board was the workplace environment. Testimony showed that in March 2020, workers at the terminal regularly interacted closely without any protective equipment. No one wore masks. The terminal eventually shut down from April 2 through April 10, 2020, for sanitization after at least 12 coworkers contracted the virus around the same time the driver fell ill.

The company fought the claim, arguing the death was not work‑related. But the evidence painted a different picture. The driver’s widow testified that during March 2020, she and her children did not leave home for work. Her husband was the only family member leaving the house and interacting with others. When she did go out, she wore a mask, gloves, eyeglasses and a face shield.

Medical providers could not say definitively where the driver caught the virus. That is where workplace prevalence became critical. The court found that testimony about conditions at the terminal, combined with the outbreak among coworkers, was enough to establish that he contracted COVID‑19 at work.

The decision reinforces a legal framework that has emerged from several recent New York cases. Workers can prove their illness arose from employment by showing either a specific exposure to the virus or widespread presence of COVID‑19 in their workplace creating elevated risk. Examples include workers with significant public contact in high‑infection communities or employees in workplaces experiencing outbreaks.

Importantly, workers do not need to identify the exact date or moment they were exposed. The court recognized that pinpointing exposure is often impossible with a virus that spreads invisibly.

The company also challenged the process, claiming the board violated its rights by referencing testimony from another COVID‑19 death case involving the same employer. The court dismissed this argument, noting the board relied only on evidence in the current case record.

For HR professionals, this ruling carries practical weight. It shows that workplace conditions matter enormously in these claims. Multiple infections among coworkers during the same period, combined with lack of protective measures, can support findings that illness was work‑related. The outbreak itself becomes evidence.

The decision also highlights the enduring consequences of pandemic workplace safety choices. Even as COVID‑19 fades from daily headlines, cases from 2020 continue working through the courts, establishing precedents that define employer liability. Companies that failed to implement protective protocols during outbreaks face ongoing legal exposure.