Vaccine Injury at Work

Were you injured by a vaccine that you took for employment reasons?

For certain healthcare field employers, employees are either recommended or required, to get updated shots or certain immunizations as part of their hiring process or annual health screening update.

Many vaccines come with common side effects, such as redness at the injection site, along with soreness, as well as fever and chills. Many times, these side effects do not require medical treatment or time lost from work and do not necessarily constitute a “personal injury” in the sense of a work injury. Often employees are given Vaccine Information Sheets (VIS) regarding their particular vaccine shot by the occupational health nurse administering the vaccine that discusses these common side effects. (See reference: Vaccine Information Statements (VISs) | CDC ).

However, sometimes, the side effects from receiving a vaccine shot are more severe. If individuals develop sustained or significant symptoms following a vaccine shot such that the symptoms cause lost time from work or additional treatment, such as antibiotics or other prescriptions, these are sometimes called vaccine adverse events (VAE). These can include, but are not limited to, severe skin reactions, extreme fatigue, swollen or hardened muscle or tissue, and even central nervous system reactions. VAE can occur from any vaccine shot, but some adverse vaccine reactions specifically occur with the following shots:

• Td
• Tdap
• Hepatitis A
• Hepatitis B
• MMR
• Influenza
• Hib

The above shots can and do have common side effects. (See reference: Possible Side Effects from Vaccines | Vaccines & Immunizations | CDC ). However, if these side effects, or your body’s reaction to the injection itself, cause you to seek additional medical care or lose time from work, you have both the right and ability to claim workers’ compensation benefits for the wage loss and medical treatment.

Schmidt and Salita, PLLC (Personal Injury Lawyers + Workers Comp Attorney Minneapolis MN) observe that workers’ compensation insurers sometimes refuse to cover treatment or lost time from work from an adverse vaccine reaction as a work injury. However, you have the ability to seek compensation for workers’ compensation benefits if you have lost time or require medical treatment. This is because in Minnesota, “[a]n act outside an employee’s regular duties which is undertaken in good faith to advance the employer’s interests, whether or not the employee’s own assigned work is thereby furthered, is within the course of employment.” Swenson v. Zacher, 118 N.W.2d 786, 791 (Minn. 1962), quoting 1 Larson, Workmen’s Compensation Law § 27.  (See reference: Swenson v. Zacher :: 1962 :: Minnesota Supreme Court Decisions :: Minnesota Case Law :: Minnesota Law :: U.S. Law :: Justia ).

Meaning, you may be entitled to wage loss, medical expense payments, and other benefits depending on the severity of your injury or symptoms.

Seek Legal Representation in Minnesota Today

The lawyers at Schmidt and Salita, PLLC deeply appreciate the work of healthcare professionals such as nurses, medical front-line workers, and other first responders. Those health care workers often are recommended or required to have updated vaccines and many adverse reactions to those vaccines go uncompensated. Sometimes, vaccine shots do have common side effects and we hope if you receive a shot, you have nothing worse than the common minor body reactions. However, if you have suffered an adverse reaction to a vaccine shot, or an adverse vaccine effect (AVE), and your wage loss and medical treatment are not being covered by workers’ compensation insurance, please contact our lawyers today at (952)473-4530 to discuss your rights and benefits.