Mandatory Vaccine Policies May Have Workers Comp Implications

The COVID-19 vaccine rollout has begun in health care and senior living facilities across the U.S., and employers in many industries are eagerly awaiting the chance to have their employees vaccinated against the coronavirus.

However, employers must balance their desire for a safe workplace with the risks of requiring vaccinations and the potential workers compensation implications if a worker experiences serious side effects, experts say.

Employers “need to recognize that if they do impose a vaccination mandate that it’s likely that they are going to have to pay for the vaccination, that this will be compensable work time, and … medical complications in a mandatory vaccination environment are going to be under workers compensation and be covered,” said Gary Pearce, Detroit-based chief risk architect at risk management consultancy Aclaimant Inc.

While government agencies including the Equal Employment Opportunity Commission and the Occupational Safety and Health Administration have said that employers can mandate that workers receive the COVID-19 vaccine, it may not be the best approach, said attorney Jeff Adelson, partner with Newport Beach, California, firm Adelson McLean P.C.

“If the employer mandates the use of the vaccination … as a condition of continued employment, regardless of where the vaccination is obtained, it’s likely to be considered a compensable injury” if the employee suffers a severe reaction, he said.