Getting SIRVA from a vaccine you received at work is a very common occurrence and it can create some unique problems. Approximately forty percent of my clients are people who work in the healthcare industry that were injured by vaccines they received at work. The good news, if there can be any good news for someone who has SIRVA, is twofold. First, you are not going to get anyone you work with fired or in trouble if you file a Vaccine Injury Compensation Program (“VICP”) claim. In fact, the person who gave you the vaccine and your employer will likely never even know you filed a claim. The VICP is what is called a “no fault” system. Therefore, a person does not need to prove negligence or that their injuries were the result of another person’s error or misconduct. Rather, the person just has to prove that they received the vaccine and were injured. You can learn more about this by watching a short video I did on the topic https://www.youtube.com/watch?v=moMhFGZoJSQ
Second, you can file a Workmen’s Compensation (“Work Comp”) claim. Work Comp claims are designed to provide immediate help for people who are unable to work due to work related injuries. They are handled by the state in which you are employed. The laws will vary from state to state. You should research the laws in the particular state you were injured in and consider seeking out a local attorney who specializes in work comp. Typically work comp attorneys will provide you with a free consultation.
The good news is that filing a work comp claim does not prevent you from also filing a VICP claim. Currently, the average SIRVA related VICP claim for pain and suffering is worth around $100,000.00. This is usually far more than what the work comp claim is worth. Typically, the Vaccine Court will want to know the amount of any work comp claim money received and will make a set off for said amount so that you cannot “double dip” with work comp and the VICP. So, let’s say for example you receive $20,000.00 in work comp benefits and the Vaccine Court believes your case is worth $100,000.00. The Vaccine Court would reduce the $100,000.00 reward by the amount of the work comp claim and award $80,0000.00.
So, don’t allow the fact that you were injured at work to prevent you from exercising all of your legal rights.
If you have any questions, you are always free to contact me for a free consultation at (312) 291-4615 or text/call me at (773) 412-3320 or e-mail me at firstname.lastname@example.org. I represent people with SIRVA nationwide. My fees are paid from the Vaccine Injury Fund so if we work together, you will never receive a bill from me. My services are free to you. You can also get more information at my website https://sirvainjury.com/