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Is this a Worker's Comp deal? California

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  • Is this a Worker's Comp deal? California

    Hi All-

    I work for a School District, and some of you may remember the Sexual Harrassment case levied against me a few years back, which I was able to prove was total malarkey. Anyway, I have another question-
    Last Thursday, The School District I work for offered free flu shots, all you had to do was show up at the right time at a District owned building, show you School District ID, and District nurse gave you the shot. Everything was hunky-dory until Last Sunday morning, when I got up I noticed a little bit of pain in the shoulder I got the shot in. I blew it off, thinking I probably just slept on it wrong or something... well, today, the Wednesday after the Thursday I got the shot, and it has gotten so bad I can barely even move my shoulder. I called my doctor, and they advised me to use "Heat and Aleve" which is exactly what I have been doing, with no relief. I asked the school nurse if she had heard of anything like this, and she said she knew that the school Librarian (who was right behind me in line to get the flu shot) had the same issue, and said she couldn't move her uppser arm, either. SO, my question is- Would this be a Worker's Comp case?
    Thank You for your time, I know the District will be TICKED, and complain that I didn't report it that very day it happened (well, shoot, it didn't start hurting for 3 days, sorry 'bout that) but does this sound like a case? I am THIS CLOSE to retirement (like 29 working days left), but they don't know that yet...
    Last edited by kaferdave; 11-06-2013, 05:22 PM.

  • #2
    Well, you have to be injured, first. Your arm is sore from getting the shot and you don't know why, really, and you are not neccessarily injured.

    The next question will be whether getting the free flu shot from the system nurse was an injury that occurred in the course and scope of your employment. There appears to be a benefit to your employer of providing these flu shots, because in theory it will reduce absenteeism during flu season. So my guess, not being licensed in California, is that it would be a compensable incident. But a California work comp lawyer should be consulted if you decide to file a claim, to make sure you file it correctly.

    Having said all that, I am not sure I would advise you to pursue a comp claim for this. The questions you need to answer first, for yourself, are, am I injured? If so, do I need any medical attention? If so, am I going to miss any work because of it? Unless the answer to the first question is "yes" and the answer to at least one of the other questions is also "yes" then it does not make much sense to file a comp claim.
    Bob Bollinger, Attorney
    Board Certified Specialist in NC Workers' Compensation Law
    Charlotte, NC

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    • #3
      Thank You for the educated opinion, Bob, I can see from what you say about yourself you know what you are talking about. I guess the main thing was, I didn't want to take sick leave, because when I retire, I get paid for all unused sick leave. Guess I'll just attempt to tough it out, and hope whatever happened goes away.

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      • #4
        Is the shot required for your job, such as those who work in hospitals or with vulnerable populations? If not, you are really going to have to stretch to make it a WC claim. Even harder to make a claim if the nurse isn't actually a school system employee (in many places even the school nurse is actually employed by an outside agency or state health department).

        Remember too that WC does not pick up from the first day and a doctor would have to certify that you were incapable of working before it could be considered WC. Staying home while not under medical care would never be covered anyway.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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