Regardless of your beliefs about the vaccine, it is undisputed that many workers are anxious, concerned, and worried about the vaccine mandates that are being imposed on government workers and many employers. How does this affect workers’ comp?
If an employer orders its employees to get a vaccine, and a worker has a bad reaction to the vaccine or misses work due to sickness caused by the vaccine, the worker could file a claim for workers’ compensation benefits. The order to get vaccinated is mandatory, so the employer and their workers’ compensation carrier could be compelled to cover all medical costs related to any illness or sickness related to the vaccine injection. If someone experiences side effects from the required vaccine, the side effects could be considered to have arisen out of the employment at the direction of the employer, and therefore may be covered by workers’ compensation.
New developments in the law related to COVID-19 and vaccines are occurring at a very rapid pace. As the vaccine becomes required in more places, it remains to be seen how workers’ compensation cases will be affected.
The statements contained herein are for general information purposes only and are not considered specific legal advice to your situation, as Mr. Shoen would need to meet with you individually to ensure client confidentiality. He would also need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.