AI Legalese Decoder: A Tool to Navigate Employer Liability in Workplace Needle Injuries
- May 14, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Recent Work Experience as a Medical Assistant and Needle Stick Incident
I have recently worked as a Medical Assistant, and during my time in that position, I unfortunately experienced a needle stick incident. Upon realizing this, I promptly informed my superiors about the situation. However, they did not seem very receptive to the idea of formalizing it as an official incident. Despite this initial reaction, I decided to reach out to my administrator, who agreed to cover the costs for testing. Subsequently, I underwent Hepatitis C and HIV testing at a clinic, even though I was uninsured, with the assumption that it would not be billed to me.
# Unforeseen Financial Burden and Lack of Response from Former Employer
To my surprise, I received a bill from the clinic amounting to over $1000 for the lab work conducted. Feeling frustrated and taken aback, I immediately brought the bill to my administrator’s attention. He assured me that he would take care of the payment. Several months later, having already left my job due to the administrator’s negligence, I discovered that the bill remained unpaid, resulting in the clinic reporting me to collections for delinquent payments. Given the absence of an HR department at the clinic, the situation has become even more complicated. Despite my attempts to contact the administrator, I am met with silence, and I am unsure of how to move forward, especially considering my financial constraints that make hiring a lawyer seem unattainable. The ambiguity of the situation leaves me wondering about the best course of action.
# How AI Legalese Decoder Can Help
Utilizing the AI Legalese Decoder could significantly benefit you in this complex legal situation. The AI Legalese Decoder can assist in deciphering any confusing legal jargon present in the bills or communication from the clinic, helping you better understand your rights and responsibilities. Additionally, by inputting specific details about your case into the AI Legalese Decoder, it can provide you with tailored advice on the appropriate steps to take next. This resource can empower you to navigate the legal intricacies surrounding the unpaid bill and collection status, offering clarity and guidance in a cost-effective manner.
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****** just grabbed a
Give labcorp the name of the company and their worksman comp.
I had a similar stick with a sharp object (unknown as it was early morning and pitch black) at work while cleaning out equipment brushes. My employer immediately sent me to be checked out under their workman’s compensation insurance… Everyone is giving you solid advice. This falls under THEIR workman’s comp.
OSHA will be very interested in this workplace that is not following bloodborne pathogen standard. All of the other advice here is good, but you should also file a complaint
You can find specifics [here](https://www.osha.gov/workers/file-complaint)
This is a classic work comp situation. Needle sticks happen all the time. You open a claim, comp pays for the testing and then they close it when you are clear. Go get tested and file a claim asap.
I am a Medical Assistant as well and I had a sort of similar incident happen. I worked at a Cancer clinic and was poked by a needle, I didn’t want to make a big deal about it but a nurse witnessed it and went and told management and the manager was extremely upset by this, no idea why, but had me file the paperwork and do the blood test and a few days later I was fired! The MA that had taken my blood told me to go look at my results online and it showed a possible Hepatitis infection but I was never told this by management, just was let go! There’s no way that I could have gotten an infection from the needle poke as it was the day after so I contacted a lawyers office to ask about wrongful termination because they can’t let me go based on whatever they found in the blood results! In the end I ended up winning my case and was granted a nice sum of money!
What state?
Just fyi all those labs did was say whether you already had Hep C and HIV. You would also want a Hep B panel, and then all 3 need to be repeated at least at the 6 month mark, since it can take that long for the tests to become positive if in fact you were infected. The clinician who saw you would have needed to document the encounter adequately, including a review of this information as well as a discussion regarding post exposure prophylactic treatments that would be medically appropriate. Ideally they would also want to test the other patient too, the one you were drawing blood on when you were stuck, since that can help determine your risk here.
Doesn’t sound like any of this was done, which would make both the clinic and the individual clinician quite outside the standard of care and negligent both legally as well as ethically (in the eyes of a state medical board for example). They may think differently about paying your lab bill if they were provided written notice of these facts. Just sayin’
I’m in MN and had something very similar happen. I just called the Department of Labor and explained the situation. Idk what state you’re in, but the DoL doesn’t fuck around up here. The I’m on the phone with the lady from the DOL and she decided to conference call in the employer and their work comp person (while I’m still on the phone with her) to rip them both a new butthole. My account was pulled from collections and paid within the hour lol.
OP, if nothing else, try seeing if your DOL will get involved.
This is (and should have always been) a workers compensation claim.
NAL. That should have been a worker’s compensation claim. I would now make a complaint to OSHA as well. Even if you are no longer employed, they have to see out the 6 months of testing. You should not be paying for any testing unless you were a contracted employee or something. If your source patient was tested and negative, then follow up testing is not required.
Against the law. Threaten to sue. Lab employee 20 years. If they refuse go to er and sue them
You must file workers comp because if you get sick because of the needle stick, workers comp will make sure your medical bills are paid. All expenses incurred by you because of an injury on the job are covered under it. You may not know if you are completely fine for a number of months. Run and file!
If they’re regulated by the joint commission complain to them or if the place you worked for takes Medicare, complain to cms. If the admin is negligent it’s highly likely they’d love to know.
Apologies if this has already been said and I missed it, but workers comp likely won’t cover the proactive tests. They would cover the needle stick and likely any disease that develops as a result of the needle stick, but not the tests or any prophylaxis (preventative care). It’s just the way workers comp works. You have to show injury. At this point, the only injury is the needle stick, which basically requires a bandaid at most.
Sorry this happened to you. Most reputable clinics have a program for needle sticks that involve prophylaxis and proactive testing because they know it’s not covered by workers comp.
Still, see what your state laws are for bloodborne pathogen training. Were you properly trained?
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Small claims court. It’s pretty easy to file in most states.