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The estate of a Philadelphia man who died while working at a beef processing company has filed a wrongful death lawsuit against the company for failing to provide safety measures in the plant to prevent the spread of the coronavirus.
The plaintiffs say that Enock Benjamin worked for JBS, the largest beef processing company in the world, but died of respiratory failure caused by the coronavirus. The estate claims that Benjamin’s death was predictable and preventable and was the result of JBS’ decision to ignore worker safety.
The coronavirus lawsuit maintains that the defendants should be held liable for Benjamin’s wrongful death because they 1) did not provide sufficient personal protective equipment; 2) forced workers to work in close proximity; 3) made workers stay in cramped areas, such as work areas, break areas, restrooms, and hallways; 4) discouraged workers from using sick leave; and 5) did not provide testing and monitoring of individuals who may have been exposed to the coronavirus.
At the Souderton plant where Benjamin worked, JBS increased production during March 2020, implementing a “Saturday Kill” to capitalize on the increased demand for meat during the pandemic, the wrongful death lawsuit says.
The estate claims that Benjamin contracted the coronavirus during this time because JBS did not put in place the proper safety measures and take precautions to protect its workers from getting the virus.
“By choosing profits over safety, JBS demonstrated a reckless disregard to the rights and safety of others, including Enock Benjamin,” the wrongful death lawsuit claims.
The plaintiffs allege that, despite guidance from the CDC to wear Personal Protective Equipment (PPE), JBS did not obtain masks for their workers until the beginning of April when there were already 240,000 confirmed infections in the United States.
In addition, the lawsuit maintain that JBS did not mandate the use of masks and other PPE for their workers until April 14, 2020, at which time there were already more than 585,000 coronavirus infections in the United States as well as more than 23,000 deaths.
The estate says that meat processing plants have specific challenges regarding physical distancing of workers that JBS did not assess and accommodate before they allowed work to continue at their plant.
The plaintiffs note that, as of May 1, 2020, there were more recorded coronavirus cases among Pennsylvania meat processing plants than any other state.
The wrongful death lawsuit argues that the number will continue to increase as time passes.
“Despite the skyrocketing risk of COVID-19 infections for workers, the JBS Defendants ignored the safety of workers and required them to report for duty each day in cramped conditions and without adequate PPE,” the wrongful death lawsuit claims.
The deceased worker’s estate says that, despite knowing the risks that the coronavirus would impart, the defendant refused to close their plants or limit the number of workers that were to report for duty each day.
In addition, the plaintiffs state that, despite having increasing absenteeism at their other plants, the defendant continues to operate the majority of their facilities across the United States at or near capacity.
The wrongful death lawsuit claims that, up until March 27, 2020, workers at the JBS Souderton plant were still not required to wear masks and/or other PPE despite guidance from the CDC to the contrary.
Also, up until that date, workers were reportedly still required to work within 6 feet of one another, even though the CDC guidance stated that they should not.
The lawsuit claims that upon learning of the first positive test for coronavirus in the plant, JBS failed to change its procedures and policies. The plaintiffs allege that, based on media reports, there were at least 19 employees that tested positive at the Souderton plant.
In fact, the estate says that the JBS plant is still not regularly or consistently taking employee temperatures and not providing coronavirus testing for those at the facility.
The plaintiffs maintain that JBS did not require workers who were experiencing coronavirus symptoms to report their illness to their superiors and did not require those workers to self-quarantine at home, even though federal guidance told them to do so.
The wrongful death lawsuit claims that workers at the plant were outspoken about the lack of safety equipment at the plant and that employees did complain about the lack of masks.
The Philadelphia Inquirer reports that this lawsuit is one of many that are expected to be filed against meat processing plants as the industry has been devastated by the coronavirus. The article goes on to say that transportation of “essential” meat-processing workers in packed vans has increased outbreaks across the country.
How do you feel about the conditions at JBS? Leave a message in the comments section below.
The plaintiffs are represented by Robert J. Mongeluzzi, Steven G. Wigrizer, Jeffrey P. Goodman, and Jason S. Weiss of Saltz Mongeluzzi & Bendesky PC.
The Coronavirus Wrongful Death Lawsuit is Ferdinand Benjamin v. JBS SA, et al., Case No. 200500370, in the Philadelphia Court of Common Pleas.
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