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Tyson has been hit with a second lawsuit over workers COVID-19 deaths, with families alleging the meat producer was aware the virus was in an Iowa pork processing plant but failed to warn employees.
The families of the three workers who died after contracting the virus accuse Tyson and its executives of forcing employees to continue working by lying about the risks of exposure at their workplace. In addition, the lawsuit claims that management allowed employees who were sick and/or who had been exposed to coronavirus to continue to work in the crowded pork processing facility.
“Tyson intended by these false representations to deceive workers in the Waterloo facility … and to induce them to continue working despite the uncontrolled COVID-19 outbreak at the plant and the health risks associated with working,” the workers’ COVID-19 deaths lawsuit alleges.
Three workers, age 58, 60, and 44, at a Tyson processing plant in Waterloo, Iowa, died in April and May after contracting the coronavirus, the Tyson lawsuit states. As the outbreak raged on, the plaintiffs, family members who represent the estates of the deceased workers, say Tyson refused to close the facility.
The workers’ COVID-19 deaths lawsuit claims Tyson management failed to implement protections for its workers.
The company refused to send sick workers home, the complaint says, and even encouraged them to continue working. The plaintiffs also allege that employees were told not to discuss the coronavirus at work and management lied about workers who were out ill, telling coworkers they had the flu.
In addition, despite setting up temperature checking stations at the pork processing plant, the plaintiffs say employees were told to take fever-reducing medicines to make it through the check station. Further, workers were offered a financial incentive of $500 if they showed up for every scheduled shift for three months, encouraging employees to come to work while experiencing COVID-19 symptoms, the complaint alleges.
The lawsuit also points to the experience of a county sheriff who reportedly saw workers in crowded conditions without face masks.
The COVID-19 lawsuit is seeking damages related to pain and suffering as well as punishment for Tyson’s allegedly “incorrigible, willful and wanton disregard for workplace safety.”
According to a report by the Associated Press published in Fortune, many industries have been hit hard by coronavirus outbreaks in their workplaces, particularly meat processing plants.
In fact, representatives of the largest meatpacking union told reporters that more than 14,000 workers at unionized meatpacking facilities have contracted COVID-19 and workers’ COVID-19 deaths have reached 65.
The Associated Press reports the pork processing plant at issue in the workers’ COVID-19 deaths lawsuit can process up to 20,000 hogs each day.
The state’s Occupational Health and Safety agency reportedly stepped in April 20, conducting an investigation in response to complaints about the facility; however, the agency found no violations.
The Tyson facility closed for two days after the April inspection, according to the AP, and reopened with additional safety measures.
The Counter reports that the Tyson plant shutdown came in response to a shortage of workers, many of whom had gone to the emergency room with coronavirus symptoms on April 12, 2020.
Officials reportedly asked for the plant to be closed, but the shutdown did not occur until 10 days later when, according to the workers’ COVID-19 deaths lawsuit, there were simply not enough workers for the meat processing facility to function.
According to The Counter, there have been more than 1,000 documented COVID-19 cases and five deaths associated with the Tyson pork processing plant in Waterloo.
For its part, Tyson told the Associated Press it was saddened by the deaths of workers and that health and safety are top priorities for the company.
Tyson and other major meatpacking companies have lobbied the government for special status as an essential business under federal law during the coronavirus pandemic. Additionally, measures have been put into place to protect Tyson and other companies from lawsuits related to workers contracting the virus at their facilities.
In fact, this is not the first lawsuit lodged against the company over workers’ COVID-19 deaths.
A Texas family claims their loved one contracted COVID-19 at her place of work, a Tyson meatpacking plant in Amarillo, in April. The worker allegedly died of complications from the virus in May. The family also stated that their loved one fell and injured her knee while working at the plant during the same time, but was forced to continue to work while injured.
Workers face myriad issues as the coronavirus pandemic continues. Top Class Actions helps keep workers on top of coronavirus related legal news with its complete guide to lawsuits and other legal developments.
Have you or a loved one become infected with COVID-19 while at work? Tell us what happened in the comment section below!
The plaintiffs are represented by Tom Frerichs, John Rausch and the Spence Law Firm.
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