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5 of my coworkers are dead from COVID traced back to 2 separate outbreaks at work.
Another coworker - one on my team - has been left with permanent issues that forced him to retire early in his 50s because he could no longer function at his desk job.
Who should they and their families sue?
Thank G-d the expectation at my work is that everyone will be vaccinated.
It only applies to employers who mandate the vaccine for work-related employment requirements. It's no different than requiring you to wear steal-toed boots and said boots causing sores on your feet while in the execution of your job duties.
The vaccine must meet the same criteria.
This has nothing to do with an employer simply saying you must get the vaccine just to get it.
That's not really what it says.
"If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related," OSHA said in new guidance issued on April 20 under a "Frequently Asked Questions" section of its website."
There is no specification that "work-related reasons" is any more technical than, "as a condition of employment." In other words, you want your employees vaccinated, you are responsible. Period.
My employer has notified us managers and supervisors that we are not allowed to ask any employee about their vaccination status. Our employees were notified that if asked, they are to respond that their health status is private. They are treating it like HIPAA, probably to ensure they don't get sued. One way or another this pandemic is probably going to end up as a cash cow for the lawyers.
Work-related employment requirement for safety of employees.
There's a poster here who says her husband's employer of 4000 people has mandated vaccines, and if they don't like it they can quit their job.
Hopefully they have put aside a hefty reserve for lawsuits if some get sick from the vaccine.
Hopefully they have put aside a hefty reserve for lawsuits if some get sick from the vaccine.
Probably will fight any relation to the vaccine being responsible just like is happening with people now. Didn't die immediately after the shot? Too bad! Not the vaccine's fault. And even if you did die, it was other underlying causes!
"If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related," OSHA said in new guidance issued on April 20 under a "Frequently Asked Questions" section of its website."
There is no specification that "work-related reasons" is any more technical than, "as a condition of employment." In other words, you want your employees vaccinated, you are responsible. Period.
There needs to be established negligence by the employer for an OSHAA claim. That's why it would ultimately fall into "work related" as opposed to "condition of employment" despite what that link says.
The article is misleading which is the OP's bread and butter so no shock there.
All vaccinations as terms of employment fall under workers comp claims. The only way an employer is going to be held liable is if the employee is able to prove that an FDA -approved vaccination administered by a third-party provider constitutes negligence on behalf of the employer.
It will never fly.
Now if your boss wants to administer the shot in your office and your arm falls off then you've got something.
Probably will fight any relation to the vaccine being responsible just like is happening with people now. Didn't die immediately after the shot? Too bad! Not the vaccine's fault. And even if you did die, it was other underlying causes!
Most likely will settle out of court. That is usually how corp lawsuits play out. Corps fear courtrooms, as those raise the likelihood of class action.
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