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Our community now offers smallpox vaccinations to our employees. If one of them suffers an allergic reaction, will it be covered as a workers compensation claim? Yes, if the affected employee is a police, fire or emergency services worker.
That holds true even if the vaccination is not required by the employer. If
the primary reason for receiving the vaccine has something to do with the employee's
job, an adverse reaction would be covered as a workers compensation claim. Using
the same logic, reactions to Hepatitis and TB vaccines, for example, would also
be compensable. On the other hand, an adverse reaction to a vaccine that is
strictly voluntary, such as a flu shot, would not be considered work related.
Finally, workers compensation benefits would generally not be available to non-emergency
personnel who suffer a reaction after receiving a vaccine on a voluntary basis.
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