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Needlestick injury due to negligence

Discussion in 'Workers Compensation' started by barajas2004, Jul 26, 2018.

  1. barajas2004

    barajas2004 Law Topic Starter New Member

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    I work at a dr office. So yesterday, I was trying to empty the biohazard bag trash can when I got poked by a contaminated needle that was not supposed to be in there. It was supposed to be disposed of in the sharps container. So now I have a workers comp case. I have to get frequent lab draws to check my blood for HIV, and Hep A, B, C for the next year, my employer acting like nothing happened. I'm starting to feel depressed not knowing what will become of these lab tests. My employer doesnt want to pay for the time I have to take off work to go to workers comp doctor appointments. Do I have a case? What can I do at this point? Or what should I do?
     
    Last edited: Jul 26, 2018
  2. army judge

    army judge Super Moderator

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    Many employees in your predicament discuss their issues with a licensed workers comp attorney, eventually HIRING the one they trust.

    Read this article to understand how workers comp attorneys are paid in CA:

    How Much Does a Workers' Comp Lawyer Cost in California?
     
  3. zddoodah

    zddoodah Well-Known Member

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    "Doesn't want to pay" or won't pay? And what exactly does this mean? Are you salaried or hourly? Do you ordinarily get paid when you take time off for personal medical issues? How much time have you missed for this and how much time are you expected to miss over the next year (or however long this is going to go on)?

    Well...you told us that you "have a workers comp case." Haven't you therefore answered your own question?

    Are your medical expenses in connection with the treatment being covered by your employer's workers' comp carrier? If so, what more do you want or expect? Have you spoken with someone at the workers' comp carrier about whether you're entitled to any compensation for lost wages?

    While I don't disagree about consulting with a workers' comp lawyer, it seems to me to be a bit premature at this point.
     
    hrforme likes this.
  4. hrforme

    hrforme Active Member

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    definitely let your wc claims adjuster know about the unpaid time. It is possible that time will be paid under your WC claim rather than through regular wages.
     

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