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Flu - workman's comp


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So I posted in another thread that I diagnosed my first flu of the season yesterday...now my MA tested positive.  With having exposure to two documented cases of influenza if I were to get sick and test positive for influenza could the be considered a workman's comp situation?  Probably wouldn't do it unless complications arose (i.e. pneumonia), but how could you "prove" it was work related?  Curious if anyone has done this or has information.

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No way to prove she or you got it from the patient and not the guy at the grocery store.  I've never even heard of someone filing a WC claim for something like that.   A needle stick?  Yea.  Maaaaaaybe TB exposure with subsequent development of infection.  But certainly not something as widespread is Influenza.

Having said that, where abouts are you guys?  Like what state.  I was unaware of any flu showing up this early, but if it is that would suck lol

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1 hour ago, Cideous said:

No way to prove she or you got it from the patient and not the guy at the grocery store.

Yeah, that was my thinking for why it would be a no go, but was talking with a coworker about this and she knows someone who had a MRSA outbreak shortly after caring for a patient in the hospital with MRSA and they were able to get it.  Again, more of a curiosity...I would much prefer to just not get the flu...but if a complication were to occur, that could seriously be 2-4+ weeks off work and maybe even a hospital stay.  If that were to occur it would be nice to have workman comp cover the bills and missed pay rather than losing the majority of my PTO.

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I suppose it varies from state to state, but as I understand it:

1) The standard of proof is "more likely than not", or 51%--not beyond a reasonable doubt or some higher standard of proof.

2) The employees are not punished (i.e. denied care) on the basis of failure to take reasonable on the job precautions.  So, no flu shot shouldn't actually matter.

So yeah, I can see influenza as an occupational illness.

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10 hours ago, Mayamom said:

Have you had your flu vaccine?  Knowing work comp they'll take no responsibility if you haven't.

Haven't yet because they have not made it available.  Whoever orders our vaccines screwed up and didn't order enough for the clinics and for employees, so there will end up being a shortage.  I usually wait until early to mid October anyway...but really curious what they're going to do about our "mandatory" flu vaccine when they don't have them available.

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I'm in Southwestern Michigan.  Our clinic received patient vaccines, but our vaccines provided by the hospital are separate and we have been told CLEARLY not to use patient vaccines on employees.  I don't know if pharmacies in town have received them yet, but the hospital is self-insured so they have also requested us to wait and get our "employee vaccine" when available.  As I said, I usually plan to get early to mid October so I'm in no rush, but won't be waiting much past then.

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