Legal Question in Workers Comp in California

I was mandated by my employer (a large hospital in souther California) to get a flu vaccine in late 2020. About an hour after I received my flu vaccine, I started experiencing moderate weakness in both my arms and legs.

After 2 days of no change I went to urgent care and the doc suggested I go to ER. Not wanting to wait there all night and get more exposure to covid I decided to just wait and see if my symptoms would go away on its own.

Nearly all of the weakness has resolved except continued shoulder pain which I didn’t notice while the weakness was happening.

I submitted for a workers compensation claim to have it treated but my employer denied it because I got the vaccine at a CVS. They mandated all employees and even provided us vouchers to pay for the vaccine at CVS in case we preferred not to get it at the hospital. But since it was not administered on their premises they are saying it’s not workers comp and they are not responsible.

This doesn’t sound right. If they did not mandate the vaccine I would have never gotten it. Aren’t they responsible in some way even if it wasn’t provided on their property? They even gave us a voucher to pay for the vaccine outside of work.


Asked on 7/25/21, 10:56 am

2 Answers from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

It is work-related and regardless where you got the vaccine, it is still work-related. If your shoulder problem persists, you van file for worker's compensation benefits because it was mandated by your employer. If you need representation, feel free to call us at 213-388-7070.

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Answered on 7/26/21, 12:48 pm
Nancy Wallace Nancy Wallace Atty at Law

Defense attorneys and adjusters are denying EVERYTHING pandemic-related just now because they can. So, the VAERS Data shows a lot of Guillain-Barre symptoms for all 3 vaccines plus the clots that were in the news....then suddenly out of the news! So, find a local workers compensation expert that doesn't give the files to the 'assistant' (like the TV 'Fight For You people), and have that attorney get the QME Panel -- I'd like Physiatry, Physical Medicine -- and GATHER THE VAERS DATA for the brand of vaccine you got and the symptoms you had initially and symptoms you have today... if that QME writes you have a side-effect of the vaccine (i'm going to presume its Janssen because you mention just the one) and it is labor-disabling, the Workers Comp judge is going to make a finding of an industrial injury and disability.

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Answered on 7/27/21, 5:21 pm


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