Saturday, November 9, 2013

Pursuing a Workers' Comp Claim After MRSA Exposure


You may associate MRSA with just hospitals, but there are actually two different categories of MRSA-hospital-associated and community-associated. While healthcare workers are at a higher risk than most other occupations, the nature of the infection means any workplace could be a breeding ground for this common infection.

If you or a loved one has contracted MRSA, you should consider the possibility that the infection was contracted at work. MRSA only has a span of seven to ten days between infection and noticeable symptoms, so it should be relatively easy to track down if work was possibly the site of infection. If you were infected at work, you may be eligible for workers' compensation benefits for the time out of work and associated hospital bills.

I'm a healthcare worker with MRSA

While health care workers take considerable efforts to protect themselves from MRSA at work, the bacteria is becoming more and more pervasive in US hospitals, making it harder to avoid. Infection can still occur and healthcare workers have the right to file for worker's compensation.

Some states provide workers comp protection for healthcare workers, assuming that the infection was picked up at work and making the burden to prove otherwise fall on employers rather than employees. If you are a healthcare worker who has contracted MRSA, you should consult your state laws or a workers' compensation attorney.

I'm not in the health sector, but I think I picked up MRSA at work

But what if you don't work in the healthcare field but still think you got MRSA at work? You may still be able to receive workers comp for your injuries, but it may be more difficult to prove. There are several MRSA scenarios that could qualify for worker's compensation:

繚 You have a job with a lot of customer contact and the area where you work is not cleaned frequently enough.

繚 You suffered an injury on the job that led to a MRSA infection. For example, your job required you to move a sheet of metal. You were cut by the metal and subsequently developed a MRSA infection at the site of the cut.

繚 Your job required you to use certain equipment, such as steel toe boots or safety googles, and this equipment use led to MRSA infection.

If you attempt to file a worker's comp claim with your employer, it is likely the claim will be dismissed-your employer may say where you contracted MRSA cannot be proven or that you likely picked up MRSA elsewhere. In a case where the employer initially denies your claim, it is in your best interest to contact an attorney who specializes in workers' compensation and knows the workman's comp laws in your state.

MRSA is an infection that can affect you for the remainder of your life and regardless if you picked up MRSA while on the job in the hospital or on the job in the customer service department, you deserve workers' compensation. Talk to a workers' compensation lawyer as soon as possible to discuss your claim.

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