Are Adverse Reactions to Employer-Mandated Vaccinations Eligible for Workers’ Compensation?
At the law offices of Castillo & Associates, we believe that if you are told that you must take your Covid Shot, any medical issue or problem that arises will be covered under the employers Workers Compensation Insurance policy by the employer.
Although the news of COVID-19 vaccines was received with a sigh of relief by many people in America, they also caused a striking divide in a world that seemed already riddled by division. As Covid vaccines became widespread and easily obtainable, many began lining up to get vaccinated; however, (again) about the same amount did not.
Now the country is witnessing a vaccination slowdown, propelling some employers in California to go beyond just asking their employees to get vaccinated and start implementing Covid vaccine mandates.
A common question among employees all over the US seems to be rising; If an employee who finds themself under a vaccine mandate gets vaccinated and has adverse reactions to the vaccine, are they entitled to benefits under workers’ compensation? (Contact Castillo & Associates Personal Injury & Workers’ Compensation Legal Experts 1-800-497-9774)
Before we answer this most pressing question and its associated issues, let’s firstly go over each of the three available vaccines and the common and not-so-common side effects associated with all of them.
Covid-19 Vaccines and Known Side Effects
The Food and Drug Administration of the United States has approved three vaccines for the novel coronavirus or SARS-CoV-2. The first approved vaccine was from Pfizer-BioNTech. The Pfizer-BioNTech is a messenger RNA (mRNA) vaccine available to anyone 12 years of age and older. Two shots are administered with the Pfizer vaccine, 21 days apart. Those who are moderate to severely immunocompromised are strongly urged to receive an additional 3rd dose at least 28 days past their 2nd.
The Moderna vaccine is also an mRNA vaccine that may be administered to adults 18 years and older. Two shots are given, also spaced by 28 days. However, the Moderna vaccine is not yet available for young children or teens. Still, it has begun studies in small children while waiting for public release to youngsters from the Food and Drug Administration (FDA). Lastly, the Johnson & Johnson/Janssen vaccine is a one-shot viral vector vaccination, and it is also available to only adults 18 years of age and older.
Many people who have received the vaccine have mild side effects, primarily after their second dose. Side effects usually start within three days of injection and typically last only one to two days.
Below is a list of the most typical side effects following a Covid-19 vaccination (according to The Center for Disease Control, CDC).
On the arm where the shot was administered:
- Pain
- Redness
- Swelling
Throughout the rest of your body:
- Tiredness
- Headache
- Muscle pain
- Chills
- Fever
- Nausea
Some people have suffered more significant side effects (some pertaining mainly to the three weeks following the Johnson & Johnson vaccine):
- Easy bruising of the skin or tiny red spots in the area of the injection site
- Chest pain
- Shortness of breath
- Severe headaches
- Blurred vision
- Swelling of the legs
- Persistent stomach pain
There have been some alarming reports of people developing a syndrome known as “Guillain-Barre syndrome” (rare neurological disorder), which is denoted by: double or significantly blurred vision, difficulty walking, overall weakness, tingling (mainly in extremities), a problem with controlling or moving facial muscles, and struggling with bladder control after receiving the Johnson & Johnson vaccine.
Note: The CDC has released reports of more than 1,000 people having developed myocarditis (inflammation of the heart muscle) and pericarditis (inflammation of the lining surrounding the heart) after receiving mRNA COVID-19 vaccinations.
The majority of these cases have affected male teens but also young adults in general.
Workers’ Compensation Benefits and the COVID-19 Vaccine
Suppose an employer implements a policy requiring all employees to be fully vaccinated to work at their business. Then, suppose an employee suffers an adverse reaction. In that case, the injured party could be entitled to workers’ compensation benefits, just as one would be for other work-related injuries and illnesses. Employees need to notify their employer and seek medical attention immediately should they have an adverse reaction.
Documentation is Key
It is essential to keep all records and paperwork related to not only your Covid-19 vaccination, but any follow-up medical appointments or emergency department/urgent care visits associated with any symptoms or adverse reactions following vaccination. Maintaining detailed medical records is a critical component in a successful workers’ compensation case in any event and following a mandated Covid vaccination.
It is wise to reach out to an experienced and knowledgeable California workers’ compensation attorney, if you are experiencing side effects from vaccination and missing work. If you suffer from side effects, do not risk missing out on compensation after an employee-mandated vaccine. An experienced lawyer like the Workers Compensation & Personal Injury Attorneys at Castillo & Associates can advise you on obtaining possible compensation and provide clarity about your rights. Call us for any questions. It’s free and it may save your life. 1-800-497-9774
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
