COVID - Workers Comp Claims Being Denied

[marindependent]

Interesting article from the Journal: Why So Many Covid-10 Workers Comp Claims are being Rejected, Feb 14th 2021.

"Jose Rivero, an attorney in Chicago, has filed more than 30 workers’ compensation claims for people who said they contracted Covid-19 while on the job. In 10 of his cases, including one involving an employee at a meatpacking plant, the workers died.

Every claim has been denied. The insurers that denied the claims have said it can’t be proved that the workers were infected on the job....

Workers filed hundreds of thousands of virus-related claims in 2020, but those cases, according to state and industry data, were more than offset by a steep drop in non-Covid-19 claims as layoffs, shutdowns and remote work reduced the number of workplace accidents and injuries....

Given the decline in payouts, some insurers are lowering the premiums they charge employers for coverage this year."

 

[Markthebroker]

While your post is about work comp, it's worth noting that one of the main reasons that virus and mold are excluded from liability is that it's nearly impossible to trace the genesis with certainty. An issue that's being proved in this case.

Also, see - DWC Workers’ Compensation Benefits for Essential Workers

 

[DHurd]

I heard something that if an employer requires the vaccine and the person has an adverse reaction then the company assumes liability even though the vaccine manufactures have no liability. Do you know if this is correct in the case of the covid vaccine?

 

[Markthebroker]

I heard something that if an employer requires the vaccine and the person has an adverse reaction then the company assumes liability even though the vaccine manufactures have no liability. Do you know if this is correct in the case of the covid vaccine?

Yes, it is 100% correct that you heard it. Everything after that sounds like nonsense.

Who is requiring employees to have vaccines? The legality of that is pretty fuzzy. Why would the company assume responsibility? What kind of clown operation would do that? Responsibility for what adverse reaction? Having a tummy and headache for a few days? Why would any manufacturers of anything ever have no liability?

Where are you getting this?

 

[DHurd]

Yes, it is 100% correct that you heard it. Everything after that sounds like nonsense.

Who is requiring employees to have vaccines? The legality of that is pretty fuzzy. Why would the company assume responsibility? What kind of clown operation would do that? Responsibility for what adverse reaction? Having a tummy and headache for a few days? Why would any manufacturers of anything ever have no liability?

Where are you getting this?

Vaccine companies have no liability for their vaccines. Since like the 80s I think. But apparently if a company says they need to get it, then they can get liability for requiring it. Hospital employees comes to mind, but I'm just saying in general. Surprised you dont know vaccine manufactures have no liability

 

[DHurd]

And as far as what adverse reaction, could be a number of things, up to death

 

[Markthebroker]

You can still sue the vaccine manufacturer.

 

[vic120]

You can still sue the vaccine manufacturer.

Not for liability

not sure what for

 

[vic120]

If you experience severe side effects after getting a Covid vaccine, lawyers tell CNBC there is basically no one to blame in a U.S. court of law. The federal government has granted companies like Pfizer and Moderna immunity from liability if something unintentionally goes wrong with their vaccines

Immune to lawsuits
In February, Health and Human Services Secretary Alex Azar invoked the Public Readiness and Emergency Preparedness Act. The 2005 law empowers the HHS secretary to provide legal protection to companies making or distributing critical medical supplies, such as vaccines and treatments, unless there’s “willful misconduct” by the company. The protection lasts until 2024.

That means that for the next four years, these companies “cannot be sued for money damages in court” over injuries related to the administration or use of products to treat or protect against Covid.

HHS declined CNBC’s request for an interview.


Dunn thinks a big reason for the unprecedented protection has to do with the expedited timeline.

“When the government said, ‘We want you to develop this four or five times faster than you normally do,’ most likely the manufacturers said to the government, ‘We want you, the government, to protect us from multimillion-dollar lawsuits,’” said Dunn.

Is anyone liable?
Remember, vaccine manufacturers aren’t the ones approving their product for mass distribution. That is the job of the FDA.

Which begs the question, can you sue the U.S. government if you have an extraordinarily bad reaction to a vaccine?

Again, the answer is no.

You can’t sue Pfizer or Moderna if you have severe Covid vaccine side effects. The government likely won't compensate you for damages either

 

[DHurd]

If you experience severe side effects after getting a Covid vaccine, lawyers tell CNBC there is basically no one to blame in a U.S. court of law. The federal government has granted companies like Pfizer and Moderna immunity from liability if something unintentionally goes wrong with their vaccines

Immune to lawsuits
In February, Health and Human Services Secretary Alex Azar invoked the Public Readiness and Emergency Preparedness Act. The 2005 law empowers the HHS secretary to provide legal protection to companies making or distributing critical medical supplies, such as vaccines and treatments, unless there’s “willful misconduct” by the company. The protection lasts until 2024.

That means that for the next four years, these companies “cannot be sued for money damages in court” over injuries related to the administration or use of products to treat or protect against Covid.

HHS declined CNBC’s request for an interview.


Dunn thinks a big reason for the unprecedented protection has to do with the expedited timeline.

“When the government said, ‘We want you to develop this four or five times faster than you normally do,’ most likely the manufacturers said to the government, ‘We want you, the government, to protect us from multimillion-dollar lawsuits,’” said Dunn.

Is anyone liable?
Remember, vaccine manufacturers aren’t the ones approving their product for mass distribution. That is the job of the FDA.

Which begs the question, can you sue the U.S. government if you have an extraordinarily bad reaction to a vaccine?

Again, the answer is no.

You can’t sue Pfizer or Moderna if you have severe Covid vaccine side effects. The government likely won't compensate you for damages either

That's not new though or special. The entire newborn cocktail also have no liability