Needle Stick Injury Who Pays?

D

DC77

Member
Jurisdiction
North Carolina
I sure have had some of my worst and least ethical employers working in North Carolina. My new question is in regards to a needle stick injury. Who is responsible for the cost of testing?

Background: I worked for an acupuncturist very briefly. She was sloppy with the needles and I ended up with a needle stick while cleaning a table. It scared me and I told the acupuncturist as soon as I could. She was defensive and told me she got stuck all the time. I knew it was a big deal and insisted on an incident report but didn't know protocol. I'm trained in therapy not needle injuries. She kept saying what do you want to do, and I kept saying what's protocol? She just said watch for illness and get tested in 3 months. A few weeks later I came down ill and went to get tested for covid. I also mentioned that I had been stuck by a needle. The doctor was shocked I hadn't been sent for testing when it happened! Apparently, you're supposed to do a baseline test when it happens and another test 3 and sometimes 6 months after.

So now I'm here with a bill of $68 for the first test and still need to do the second test. I've since quit the acupuncturist, and she is ignoring all requests to get this reimbursed. I know it doesn't seem like much money, but times are really tight!

Is she responsible for the cost of the tests? Is filing workman's comp an option? The first test is negative btw but I'd like to do the second test just for peace of mind and protocol.
 
This is a workers' comp situation. How many employees did this former employer have? A quick google search indicates that any employer with three or more employees is required to carry workers' comp coverage. Also, your personal medical insurance should cover whatever tests you're having done.
 
Hmm. So this acupuncturist has two clinics under two different names. At the other clinic in another town, she had 2 employees. She had just opened the clinic where I was working and had 2 of us until the receptionist quit. Then she decided I could do everything. Part of why I quit. So 1 employee. Something tells me she has probably flown under the radar and doesn't have workers comp insurance.

As for the cost, $68 was what was left after insurance adjusted their part. I owe this to the urgent care.
 
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DC77 said:
I owe this to the urgent care.
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Well, you'd better pay it to urgent care. Otherwise you'll get sent to collections and your credit will be trashed.

Then you can seek reimbursement through the courts if you like.

You could also file a complaint about the lack of WC insurance. Setting up multiple businesses each with less than 3 employees may be of interest to the IC.

N.C. Industrial Commission Home Page (nc.gov)

This next page provides instructions for work related injuries. Know them and follow them no matter where you work or what the employer tells you. If the employer won't comply, ou can file a claim with the IC and let them tell you whether you're covered or not.

NC Industrial Commission Claimant Information
 
Thank you that's very helpful!

I looked into civil court. Too much time money and energy. I'm leaving here in a couple months and don't need that dragging on.

I'll look into the IC and those links and I have a check ready to go in the mail.

What about posting a review about the needle stick and that she ignored my requests? Would that open me to legal trouble??

I'm just so tired of underhanded employers that don't do the right thing anymore, and get away with it! I've had some good employers here, but I've seen a lot of bad ones here. Apparently NC is one of the worst for employee policy and protections.
 
DC77 said:
What about posting a review about the needle stick and that she ignored my requests?
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What about it? Where would you post such a "review"? The situation you described is an employer/employee matter. If you really want to be vindictive over what appears to me to be a huge nothingburger, you can post anything you like anywhere you like (although, yes, doing so could "open [you up] to legal trouble").
 
Thank you for minimizing my situation. Apparently, you've never been stuck by a used needle due to your employers carelessness. It's nerve racking. I'm glad all my tests have been negative. And I know this isn't a $$$ case, but there's principle here. The cost should be her responsibility, so yes, I'm angry. And want to tell the world, or at least future employees, about her.

But I'll heed your insight and follow up on adjusterjack's advice.
 
Hi All, I'm filing a workers comp claim. There doesn't appear to be a formal investigation or report link, but I've made contact with them about 4 employees 2 companies 0 insurance. I've contacted urgent care and they will rebill as workers comp. Thanks All!
 
I filed the workers comp paperwork a few days ago and spoke with billing at urgent care. They have the invoice on hold and said they can rebill it to workers comp.

Per the WC instructions, I also sent a copy to the former employer. I believe she received the letter today because she finally contacted me. She is offering to send a check now. So should I let her reimburse me or do I continue workers comp case? Or does it matter? We still need to settle the second test I need to take too.
 
DC77 said:
I filed the workers comp paperwork a few days ago and spoke with billing at urgent care. They have the invoice on hold and said they can rebill it to workers comp.

Per the WC instructions, I also sent a copy to the former employer. I believe she received the letter today because she finally contacted me. She is offering to send a check now. So should I let her reimburse me or do I continue workers comp case? Or does it matter? We still need to settle the second test I need to take too.
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You should definitely stick with the WC case. In actuality, there really isn't any other legal option for your employer. I will be very surprised if you won't also have to take further tests.
 

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