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Old 02-17-12, 03:34 PM   #1
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workers comp situation?

Here's the situation:

Someone I know - lets just say my wife for now - became hired at a hospital. The hospital requires a flu shot prior to working there.

The nurse (which was actually one of the nuns), came in to give the shot. They gave the shot too high in her shoulder, going through her bursa, making a wonderful hole in it, causing issues with range of motion, strength, etc... in her shoulder. She got the shot in November of 2011. Still hurts to this day, even worse, since she has to use her arm for her job.

She needs to see a Dr for this. Who pays? What do we need to do? She's attempting to contact her HR rep currently, but not getting feedback. Spoke with the case manager, and she was rude, telling her that it was 'her choice' to get the flu shot!?!? I think the case manager was having a bad day.

BTW - she went back to the same office to one of the physicians to confirm the bursa injury.

Last edited by kevmk81; 02-17-12 at 03:53 PM. Reason: Updated information
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Old 02-18-12, 08:10 PM   #2
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I don't know how the rules work where you are... I just wanted to say it is a disgrace that you have to even consider the 'how' and 'who' of paying for medical treatment. Man your system is screwed up!
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Old 02-18-12, 09:37 PM   #3
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So no insurance when the incident happened? It sounds like you might have a claim for negligence against the nurse/hospital. It probably complicates things that she'd effectively be suing her present employer, if I understand you correctly. Once you have the confirmed report of the bursa injury, I'd take that to HR. Perhaps that would fall under workers comp? I dunno. Depending on what the treatment is, maybe you could work something out.
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Old 02-18-12, 10:28 PM   #4
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Does her employer have a website for the employees? Generally there is information there for workman's comp. If not, she should look at state site for workman's comp.

Since you're in Illinois, here is their site:
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Old 02-18-12, 11:26 PM   #5
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Speaking as a healthcare risk manager who does this sort of thing for a living, l would consider this an occupational injury and as such, is covered by workers comp. Each state has different rules though.
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