If the have workers’ comp in Texas, then this is workplace matter. If there’s no exposure, what are her damages? You can’t sue somebody cuz you got scared you might get something. Now if she caught it, that would be a workers’ compensation claim. Or in Texas, not?
The article said she hired the firm rather than return to work. Seems she doesn’t want to be fired if refusing to be put at risk by going to work.
Actually you can.
This was a workplace OSHA violation. She can, and honestly should, sue. It would be like if I told a guy to go into an acid cloud with the wrong PPE, and then threatened him when he questioned me.
Even if the employee was not harmed, as the supervisor I placed him in harms way without proper equipment. A near miss (which is what this is hopefully going to be) can still lead to legal consequences.
Honestly, after what I have been hearing about the Dallas hospital, a number of people need serious legal penalties.