This is how employers are emboldened to mandate the vaccine They are relying on the maze of federal and state laws, healthcare advisors to blame. But now attorneys saying Workers Compensation would likely cover adverse events of the employees getting it
I think this is bad strategy, because Workers Comp insurance companies will fight back paying the millions of claims to come, with the understanding that there is alternate medications that would address covid, without mandating the vax. So they will put a rider in the policy that doesnt cover the vax injuries. Companies that mandated the vax will finger point to the government agencies that gave permissiom but also they will rely on the massive federal and state laws.
Imho employers may get away with now but when Workers Comp companies jack up the premiums or, out an out terminate their contract of insurance, they are seriously fucked. No other workers comp company will issue a new policy, and its required by law in all states.
Employers are exploring their options for mandating or encouraging workers to get COVID-19 vaccinations. They may even want to offer vaccines onsite when they are available. So can an employer be held liable if a worker has an adverse reaction to the vaccine?
"Based on information released in conjunction with the first approved vaccinations, the chances of serious adverse reactions appear low," said Jonathan Crotty, an attorney with Parker Poe in Charlotte, N.C. "Even so, employers have a number of potential legal defenses to such claims."
Although injuries and illnesses from mandated vaccines are likely covered by the employer's workers' compensation policy, employers should check with their carriers, suggested John Lomax, an attorney with Snell & Wilmer in Phoenix.
A severe allergic reaction to the vaccination is possible but rare, according to the U.S. Centers for Disease Control and Prevention (CDC). The CDC reported that 21 cases of anaphylaxis were detected after about 1.9 million initial doses of Pfizer's vaccine were administered, and about 70 percent of reactions occurred within 15 minutes of receiving the vaccine. The CDC issued guidance for managing anaphylaxis following COVID-19 vaccination.
"Assuming the employee could establish that it was the vaccine that caused harm, it is unlikely that the employer itself would have administered the vaccine in the first place," noted Kevin Troutman, an attorney with Fisher Phillips in Houston.
Employers that mandate or encourage employees to get vaccinated will likely partner with a health care provider or other authorized entity to administer the vaccine, but they may still be concerned about potential legal liability if an employee has an allergic reaction.
Ashley Cuttino, an attorney with Ogletree Deakins in Greenville, S.C., explained that an employer-mandated vaccine is considered a part of work. So under most state laws, an adverse reaction would be covered by workers' compensation.
Workers' compensation has been the employee's only recourse for other employer-required vaccinations, noted Helene Hechtkopf, an attorney with Hoguet Newman Regal & Kenney in New York City. "There is no reason to believe a COVID-19 vaccine would be treated differently," she said.
Employers that mandate or encourage employees to get vaccinated will likely partner with a health care provider or other authorized entity to administer the vaccine, but they may still be concerned about potential legal liability if an employee has an allergic reaction.
Ashley Cuttino, an attorney with Ogletree Deakins in Greenville, S.C., explained that an employer-mandated vaccine is considered a part of work. So under most state laws, an adverse reaction would be covered by workers' compensation.
Workers' compensation has been the employee's only recourse for other employer-required vaccinations, noted Helene Hechtkopf, an attorney with Hoguet Newman Regal & Kenney in New York City. "There is no reason to believe a COVID-19 vaccine would be treated differently," she said.
https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/covid-19-vaccines-and-employer-liability.aspx