SPECIAL EDITION | Coronavirus & Comp Updates
Read the full 4-part Workers’ Comp and COVID-19 Update.
The Virginia Workers’ Compensation Commission has awarded medical and indemnity benefits for adverse reactions to vaccines given to prevent the flu, tuberculosis, Hepatitis B, and smallpox. In those cases, the Commission evaluated whether the vaccine was an inherent risk of employment and whether the vaccine caused the claimant’s symptoms.
To determine whether a side effect of a vaccine constitutes a compensable injury by accident, the Commission considers factors including:
- whether the alleged side effect can be medically linked to the vaccine;
- whether the vaccine was required by the employer; and
- whether the vaccine was encouraged by the employer.
CASE LAW ANALYSIS
4 cases where claims of vaccine-related workplace injury were evaluated
CASE NO. 1 | COMPENSABLE
In Overton v. Augusta Correctional Center, correctional officers were regularly exposed to blood, urine, and feces at work. Due to these exposures the employer required the claimant to attend a meeting about blood borne pathogens. During the mandatory meeting,