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Does Workers’ Compensation Cover a Bad Reaction to the Coronavirus Vaccine?

Employees may wonder whether a bad reaction to a Coronavirus (COVID-19) vaccine will be covered by Workers’ Compensation. Typically, employers will work with a health care provider or some other authorized entity to actually administer the vaccine. What makes the issue more complicated is that these vaccines are new, and laws are still developing. Typical coverage considerations may include whether the following occurred:

  • The vaccine is required, voluntary, or simply encouraged.
  • It is administered during personal time or company time.
  • It is administered off-site or on company property.
  • The employer pays for or provides for the vaccine.

The primary issue is whether the vaccine was voluntary or if it was a condition of employment. If vaccines are administered by a third party and are optional, the employee will not likely be covered in the event of a negative reaction. In this scenario, the employee will likely have to cover any treatment costs themselves. Experts say that it is extremely unlikely that an adverse reaction in this kind of scenario would result in a successful Worker’s Compensation claim. When an employer uses a third party to administer a COVID-19 vaccine without making it a requirement, it may be argued that the employer only provided a convenient option for workers and it is not work-related.

What if the Vaccine is Necessary for My Employment?

While the likelihood of a successful claim decreases if the vaccine is voluntary, when the vaccine benefits the employer and is administered in the course of work, this could change matters. In this scenario, if the shot caused an adverse reaction, it could be argued that the injury is work-related. In fact, some states have Workers’ Compensation statutes that state that injuries arising from vaccines administered as part of a government-sanctioned vaccination program are covered by Workers’ Compensation.

Workers’ Compensation and State Laws

If an employer requires that an employee receives a vaccine in order to maintain their job or to be on work premises and the employee has an adverse reaction, they may be entitled to benefits. It is also important to remember that Workers’ Compensation typically bars all other claims, so an employee would likely be unable to seek any monetary damages in a court case.

Workers’ Compensation coverage provided by employers through third parties varies by state. There are several important factors that an employee could use to support their claim. Some of the strongest arguments include:

  • Whether the vaccination that caused the reaction occurred at work.
  • Whether the employer paid for the vaccine.
  • Whether the employer encouraged the vaccination.
  • Whether the employer benefited from the vaccination.

This type of claim is new and complex, so it is crucial for an employee to contact a lawyer if they suspect they are entitled to Workers’ Compensation benefits because of an adverse reaction to the vaccine. For help with a claim, an injured worker should speak to a lawyer right away.

Delaware County Workers’ Compensation Lawyers at the Law Office of Deborah M. Truscello Help Employees Navigate Complex Work Injury Claims

If you had a bad reaction to a COVID-19 vaccine at work, a Delaware County Workers’ Compensation lawyer at the Law Office of Deborah M. Truscello can determine if you have a valid claim. For a free consultation, contact us online or call us at (610) 892-4940. Located in Media, Pennsylvania, we serve clients throughout Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Philadelphia, Reading, and West Chester, Pennsylvania.

Contact the Law Office of Deborah M. Truscello

To discuss your case in a free, confidential consultation with attorney Deborah M. Truscello, Esq., call or fill out the form below. 

From our office located in Media, PA we serve the surrounding areas of

  • Bucks County
  • Chester County
  • Delaware County
  • Montgomery County
  • Philadelphia County
Including but not limited to
  • Allentown
  • Lancaster
  • Reading
  • West Chester

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Reasonable Rates & Fees

For Personal Injury, Workers’ Compensation and Social Security Disability cases, we have a contingency fee based on a percentage of what we obtain for you. We will not charge you any fee unless and until we settle your case, prevent the loss of your benefits or obtain benefits for you. 

For Family Law clients, we understand that financial difficulties often accompany divorce and other family law issues. Ask us about our reasonable and competitive hourly rates for your situation. 

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Why Clients Choose Deborah

Heather A
I have known Deb for years now and it all started in 2009 when I got hurt and needed legal help with my workers comp. I randomly chose Deb because of the things I read on her website and I liked that she had a take charge attitude about just about everything. She out-lawyered someone and got me more in a settlement for that and then also worked with me on another case and won that one as well for me. If you get to know Deb and her personal story, you will get to know an amazing single mom who has had her own struggles and has come out so much stronger. She will fight for you if you do your part as a client and follow her guidance. I have now used two women lawyers in Media and three men and I actually found the two women far more effective and both won my cases that the men lost. Without Deb and my other lawyer winning the cases for me that they did - I could have found myself disabled for good with no money to pay for the life I live because I can’t work now. I credit my ability to be able to eat and have transportation and all. I couldn’t be more grateful for their hard work they did for me. Deb has won two of my cases and I would absolutely refer others to her for the same kinds of cases and I would use her again if I ever needed her help again!
Daveen Carpenter
Deborah's team went above and beyond to get my case settled quickly. I am forever grateful
Rebecca Porter
If you ever need a worker’s compensation attorney, I highly suggest using Deborah Truscello. I had a work accident injury and was referred to Deborah. She was with me every step of the way, with this long-drawn-out process. She was there any time I had questions or needed advice on my rehabilitation. Now my case is settled. I am very happy how things turned out and I owe it all to her. I can't thank her enough. I will use her again if I ever need too.
Jackson Jones
Deborah is an excellent lawyer. She was professional, knowledgeable, and made me and my case feel important. She was always accessible and answered all of my questions. I would definitely recommend Debbie to anyone injured at work and in need of legal services.
I am a client of Deborah Truscello and also a woman of color. Deborah Truscello is not a bigot nor is she a racist. I hired Ms. Truscello back in 2016 for a very nasty custody case against a crazy man who has a history of dragging all his children through the court system. Ms. Truscello has been nothing but professional and well organized. She is very reliable and always available. I could contact her any time of the day or night and she is always responsive to my text messages, calls, and emails. If you are considering hiring her as your attorney I highly recommend you schedule a consultation and see for yourself you will not be disappointed.
Andrew Kriegh
Amazing law firm, they have helped me so much and enlightened me to the options I have, and to the right doctors who are still treating my issues... Very professional and very great people glad to have her in my team!!

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