Estimated read time: 3-4 minutes
The accident
Jack (name changed), a 32-year-old journeyman carpenter, was working in a supervisory position at his employer's warehouse. In mid-May, he was unloading a crate of inventory that had arrived from a medical trade show exhibit in San Francisco.
While reaching into a drawer, he was stuck by a needle in a syringe through the cloth glove he was wearing under his right middle finger nail.
He immediately reported the incident to his employer. Two months later, Jack was involved in an unrelated automobile accident, sustaining whiplash and back injuries. In November, his doctor administered a liver test, which revealed that Jack had contracted hepatitis C. He began a course of interferon treatments to combat the virus.
Jack claimed that he developed hepatitis C from the needle stick at work. However, the customer who rented the trade show exhibit alleged that the syringe was only used to demonstrate a product on a plastic mannequin and had never come into contact with human bodily fluids.
The claim
Jack made a claim with his employer's workers' compensation insurance carrier to pay for medical treatment and lost time from work. The carrier denied his claim, arguing that he did not contract the hepatitis C virus at work. Jack then sought legal help from Just Work Comp Law.
During his deposition, Jack was questioned about his sexual partners, tattoos, body piercings, illnesses, accidents, and medical treatments that involved blood, IVs, or injections, as well as any illegal drug use.
He admitted to having three past sexual partners, getting three tattoos and a pierced ear at age 19, and snorting cocaine once.
The insurance company's attorney argued that Jack's multiple sex partners, tattoos, pierced ear, and cocaine use were more likely causes of contracting the disease than the needle stick. The parties eventually settled the case, with Jack receiving partial compensation for his medical treatment and lost time from work.
Workers' Compensation in Utah
All Utah employers must carry workers' compensation insurance, with very few exceptions.
This insurance helps cover medical expenses and provides a modest wage to employees who are injured at work until they can return to work. In cases of permanent injury or workplace death, workers' compensation insurance pays disability benefits to the employee or death benefits to the employee's family.
Importance of reporting workplace injuries
According to the U.S. Bureau of Labor Statistics (BLS) 2024 data, there were 2,488,400 non-fatal recordable injuries and illnesses in private industry, with 888,100 cases resulting in days away from work.
Common non-fatal injury types included sprains, strains, tears, and falls. Fatalities in 2024 totaled 5,070, with 1,146 involving roadway incidents.
According to OSHA, many work-related injuries and illnesses are not reported. While OSHA does not provide an exact estimate of 45-50%, they do acknowledge that underreporting is a significant issue.
Getting help
If you suspect you are not receiving the compensation you deserve for a workplace injury or illness, it is essential to act quickly. The award-winning team of attorneys at Just Work Comp Law offers free case evaluations to help you determine if hiring an attorney is your best option. Click here to subscribe to their monthly newsletter.
