According to the CDC, between the normally expected flu cases and the much publicized H1N1 outbreak, this will be the most severe flu season in over fifty years. Interestingly, this medical concern has also caused a myriad of legal concerns that the public needs to address:
• What are the responsibilities of employers and human resources professionals when it comes to balancing the health of the workforce with the need to ensure that work continues?
• Can employers mandate vaccination?
• Can they insist that employees stay away from work to avoid spreading infection?
There are laws that govern workplace measures as they relate to the flu, including the Public Readiness and Emergency Preparedness Act (PREP) and EMTALA. In addition, H1N1 has had recent impact in workers compensation laws and public health laws that may mandate calls for isolation and quarantine by local authorities. H1N1/ Swine Flu has created questions in the law as to whether you employer can require you to be immunized for this disease and further as to what ramifications your employer would face if they do require you to be vaccinated and you suffer a rare but serious side effect. Your employer may be held responsible. The Injury Law Clinic, P.A. is staying apprised cusp of this new and serious health concern and how it can affect your legal rights. If you or someone you know has suffered a workers compensation injury on the job, or been the victim of medical negligence, please call today for a free consultation to (877) 215-3529.