Am I entitled to a worker’s compensation? 35 Answers as of February 21, 2012

I am a medical assistant and I pinch myself with a needle from a patient with HIV. This happened at work. My employer is making me pay for my medication to treat the HIV virus. What can I do to make my employer shoulder the expenses for my treatment?

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Law Offices of Richard Copeland, LLC
Law Offices of Richard Copeland, LLC | Richard Copeland
Your accident happened on the job, so you should be entitled workers compensation benefits. The statute normally gives you four days to file your claim, but there are exceptions to that. One exception is your employer and actual knowledge of your injury before your filing requirement. Pursue the workers' compensation claim, but if they deny your claim, contact an attorney and file a claim based on negligence.
Answer Applies to: Colorado
Replied: 2/21/2012
Gilbert & Bourke, LLP | Brian J. Bourke
Yes, that is a covered injury and very common in the medical field. Your employer should have turned this claim over to their workers compensation carrier and that insurance should pay for your treatment and other benefits. Consult a local attorney right away.
Answer Applies to: California
Replied: 2/21/2012
Dwyer, Black & Lyle, LLP
Dwyer, Black & Lyle, LLP | Kevin Habberfield
Yes. File the WC forms and get a WC attorney if need be. Good luck.
Answer Applies to: New York
Replied: 2/21/2012
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
Yes, if you were injured on the job, then you are legally entitled to receive workers compensation benefits. Contact an attorney immediately to discuss your case.
Answer Applies to: Louisiana
Replied: 2/21/2012
Speaker Law Firm
Speaker Law Firm | Theodore Speaker
Call an attorney to apply for WC. Also call your employers insurance company for help.
Answer Applies to: Georgia
Replied: 2/20/2012
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
The answer is you should be covered. Call an attorney to see if your employer is a subscriber
Answer Applies to: Texas
Replied: 2/20/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Call the NC Industrial Commission in Raleigh, asked them to send you a form 18Report the claim to the IC. Send copies to the employer and the carrier (insurance co)
Answer Applies to: North Carolina
Replied: 2/20/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
This claim needs to be filed and reported as a workers' compensation claim.
Answer Applies to: Georgia
Replied: 2/20/2012
Aaronson Law Firm
Aaronson Law Firm | Michael Aaronson
You need to file a claim in order to protect and preserve your rights under the Worker's Compensation act. I'm assuming your employer is covered with workers compensation? The Worker's Compensation commission should also be able to answer your questions so you should contact them also.
Answer Applies to: Texas
Replied: 2/20/2012
Law Offices of Andrew D. Myers
Law Offices of Andrew D. Myers | Andrew D. Myers
Any time an employee is injured in the course of employment, the benefits available to the injured worker are specified in the state worker's compensation statute and not by what the employer feels like making the employee do. What you can do to make the employer shoulder the expense for treatment required as a result of an incident that occurred during the course of employment is to present a claim to the workers compensation insurer, and, if that fails, to request a hearing before the New Hampshire Department of Labor, Workers Compensation Division. Follow the rules requiring pre-submission of all medical reports and be sure the medical reports correctly substantiate the claim. Better yet, retain a workers compensation attorney who has done this before.
Answer Applies to: New Hampshire
Replied: 2/20/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No way! File a Workers Compensation claim. Get a lawyer to help you.
    Answer Applies to: New York
    Replied: 2/20/2012
    McCallum & McCallum | Donald G. McCallum
    Consult with a Worker's Compensation attorney.[ He can not charge you for his services, he gets paid out of the recovery - usually 10% ].
    Answer Applies to: California
    Replied: 2/20/2012
    Ross Scaccia Attorney at Law | Ross Scaccia
    A 'worker's compensation' case is different from a 'personal injury' case. Basically worker's compensation covers accidents that occur on the job, while working, or even on the way to a work related job. You do not have to prove negligence, as you would in a personal injury case .It must be an accident. You cannot stick yourself with a pin and then claim worker's compensation. The incident must be an accident that is not self inflicted You must file a claim to require your employer (your employers worker's compensation insurance carrier) to pay for your medicine and any temporary or permanent disability you may have incurred.
    Answer Applies to: Louisiana
    Replied: 2/20/2012
    Goodman & Goodman PA | Bruce Elliott Goodman
    Your incident qualifies as an accidental injury and your employer would be responsible for your treatment, and any disability that you sustain under Maryland Workers Compensation law.
    Answer Applies to: Maryland
    Replied: 2/20/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    You should notify your employer that you want to know who the Wk Comp insurance carrier is, and then write them to present your claim.
    Answer Applies to: Iowa
    Replied: 2/20/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Retain a worker's compensation lawyer for specific legal advice and direction.
    Answer Applies to: Indiana
    Replied: 2/20/2012
    Seale, Stover & Bisbey
    Seale, Stover & Bisbey | Blair Allan Bisbey
    If your employer carried workers' compensation insurance at the time of your injury, your medical expenses will be paid by the compensation insurance carrier. You can contact the Division of Workers' Compensation of the Texas Department of Insurance in Austin to find out if your employer had compensation insurance. If there was no insurance, your employer is responsible for your injury only if it was caused by the negligence of the employer or another employee.
    Answer Applies to: Texas
    Replied: 2/20/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You can file a worker's Compensation claim. You should be able to get your medical treatment paid without hiring an attorney. If you have contracted the virus, you would also be entitled to compensation for permanent impairment. You may want to hire an attorney for this. To file a claim, you file a form 50 with the worker's compensation commission. The form 50 is available on the South Carolina worker's Compensation Commission Web Site.
    Answer Applies to: South Carolina
    Replied: 2/20/2012
    Ezim Law Firm | Dean Esposito
    Your employer should pay for your medical treatment. Request that he provide you with the name and number of his worker's comp insurer so that you submit the medical bills. If he refuses to do so, your only alternative is to file a claim with the court.
    Answer Applies to: Louisiana
    Replied: 2/20/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Good question; I've not seen this question in 30+ years of practicing workers' compensation law. I'd say yes the employer has to turn it into the clinics workers' compensation insurance carrier and they will cover the expense. Good question!
    Answer Applies to: Iowa
    Replied: 2/20/2012
    The Murphy Law Firm
    The Murphy Law Firm | Candace M Murphy
    You should consult an attorney immediately to determine what possible claims you may have for your injury. The attorney will be able to ask specific questions of you to better evaluate your claim. Additionally, in the case of your possible claim, your attorney will be able to calculate potential damages to which you may be entitled.
    Answer Applies to: Texas
    Replied: 2/20/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You should file a workers compensation claim.
    Answer Applies to: California
    Replied: 2/20/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    File a claim with Workers Compensation Commission. You will not need a lawyer.
    Answer Applies to: Virginia
    Replied: 2/20/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Worker's compensation should cover it. Their website is: http://www.lni.wa.gov/
    Answer Applies to: Washington
    Replied: 2/20/2012
    The Margolis Firm
    The Margolis Firm | Charles J. Candiano
    You are entitled to all needed medical care without cost. Hire a WC attorney.
    Answer Applies to: Illinois
    Replied: 2/20/2012
    Counard & Heilmann Law Office | Michael Heilmann
    Worker's Compensation pays for all medical care and treatment of any work related injury as long as it arose out of and in the course of employment. Good Luck.
    Answer Applies to: Michigan
    Replied: 2/20/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    Yes. You are entitled to worker's compensation. You need a competent employment attorney. I do not work in this area of the law.
    Answer Applies to: New Hampshire
    Replied: 2/17/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You should contact a lawyer that specializes in worker's compensation and claim should be filed accordingly. Since you were injured on the job and this would be part of your medical treatment you should have a claim and should not have to pay for the medication.
    Answer Applies to: New York
    Replied: 2/17/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    Assuming your employer is cover by work comp (i.e., has enough employees to be covered by the law), you should report the claim to your employer's work comp carrier. There should be a notice posted at work likely with the minimum wage and other similar postings. Advise the work comp carrier that you promptly reported the incident to your employer. If you call the work comp carrier, follow-up and confirm in writing.
    Answer Applies to: Alabama
    Replied: 2/17/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Yes , you should get the assistance of a lawyer who handles workers compensation matters. The employer is likely responsible if it happened on the job.
    Answer Applies to: Connecticut
    Replied: 2/17/2012
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    Yes, you are entitled to worker's compensation. What happened to you is clearly a workplace injury.
    Answer Applies to: Washington
    Replied: 2/17/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    File a comp claim, if you have not already done so. If you have, and the comp carrier has denied the claim, take an appeal.
    Answer Applies to: New York
    Replied: 2/17/2012
    Law Offices of George H. Shers | George H. Shers
    You clearly are entitled to Workers' Comp. as that is an on the job injury. You should immediately file an Employee First Report of Work Injury sending a copy to the employer's WC carrier, as you will want periodic medical testing for at least the longest time the HIV could become active. Your employer is irresponsible; it is illegal for him to take any action against you for suffering or reporting a WC injury. You are entitled to your normal pay while going for medical visits and transportation costs also.
    Answer Applies to: California
    Replied: 2/17/2012
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    To file a workers' compensation case, you must show that the accident happened at work, and occurred in the "course and scope" of your job duties. The biggest question would be, can you show that you contracted the virus at work, or is it possible you contracted it somewhere else. Please know that you only have 2 years to file a workers' compensation case (and in some instances 3 years).
    Answer Applies to: Missouri
    Replied: 2/17/2012
    Andersen Staab PLLC
    Andersen Staab PLLC | F. Dayle Andersen
    If this occurred at work and you are not an independent contractor L & I should pay for the expense related to an on the job injury. However, this may not hold true for prophylactic anti-virals.
    Answer Applies to: Washington
    Replied: 2/17/2012
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