Estimated read time: 6-7 minutes
The accident
Jack (not his real name) was a 32-year-old journeyman carpenter working in a supervisory position at his employer's warehouse. In mid-May, he was unloading a crate of inventory that had arrived at his work site from a medical trade show exhibit in San Francisco. While reaching into a drawer that was part of the exhibit, to make sure it was empty, he was stuck through the cloth glove he was wearing under his right middle fingernail by the needle in a syringe.
He immediately reported the incident to his employer. In mid-July, Jack was in an automobile accident — not work related — where he sustained whiplash and back injuries. In the early part of November, the doctor treating him for the automobile accident saw that he was really struggling health-wise and administered a liver test. Jack tested positive for Hepatitis C. He then began a course of interferon treatments to combat the virus.
Jack contended that he developed Hepatitis C from the needle stick at work. The customer who rented the trade show exhibit claimed that the syringe was only used to demonstrate a new pain-pump product on a plastic mannequin, and had never come in contact with human bodily fluids. However, his co-workers teased him mercilessly about being infected with some awful disease from the needle stick, and when his liver test came back positive, he knew that, quoting Shakespeare, "many a true word hath been spoken in jest."
Jack made a claim with his employer's workers' compensation insurance carrier to pay for medical treatment and lost time from work. The work comp carrier denied his claim, taking the position that he did not contract the Hepatitis C virus at work. That is when he came to see the experts at Just Work Comp Law.
At his deposition (an interview by the insurance company attorney, under oath, and in front of a court reporter) Jack was aggressively interrogated. He was questioned about his sexual partners and activity, tattoos and body piercings, illnesses, accidents, and medical treatments that involved blood, iv's, or injections, and any illegal drug use.
Jack admitted to having three past sexual partners in his life and, at age 19, getting three tattoos, a pierced ear, and snorting cocaine — once. In settlement negotiations, the insurance company's attorney argued that the Hepatitis C virus may lay dormant for several years. He alleged that Jack's multiple sex partners, tattoos, pierced ear, and cocaine snort (even though ancient medical history) were more likely causes than the needle stick, of contracting the disease.
Rather than taking the case to court in front of an Administrative Law Judge at the Utah Labor Commission, the parties settled the case. This is often called "buying their peace." Both sides realized that there was a significant risk of losing should the case go to trial, so they "split the baby," as Solomon once suggested, and both went home with a win/win — or lose/lose mentality — depending on their perspective. Jack was happy to be compensated, even in part, especially because he was still out of work due to his automobile accident, and he still had a case pending against the auto insurance company of the driver who rear-ended him.
All Utah employers must carry workers' compensation insurance
With very few exceptions, Utah law requires employers to carry workers' compensation insurance (or be self-insured) to protect employees who are injured at work. This helps cover medical expenses and provides a modest wage to employees until they are able to return to work. In the case of a permanent injury or workplace death, workers' compensation insurance pays disability benefits to the employee or death benefits to an employee's family. It doesn't matter whether the accident was the employer's or the employee's fault.
But workers' compensation is no get-rich-quick scheme. The benefits are bare-bones and designed mainly to help keep the workers' families afloat while employees recover from work injuries. Most workers would give up their workers' compensation benefits in a heartbeat if it meant the initial accident or injury never happened in the first place. Even with modest insurance coverage, the road to physical and financial recovery is never easy.
When you spend roughly one-third of your life at work, accidents are bound to happen. In 2024 (the most recent year for which statistics are available), the U.S. Bureau of Labor Statistics reported 2,488.400 work-related, non-fatal injuries and illnesses in private industry. The most common non-fatal injuries were (1) sprains, strains, and tears; (2) falls, slips, and trips; and (3) exterior and musculoskeletal structures of the back. There were also 5,283 fatalities, 1,252 of them involved road incidents, 885 involved falls, slips, and trips, and 458 were homicides. (And these are just the numbers that were actually reported.)
When you're dealing with the lasting effects of a workplace injury or death, the last thing you want is a financial burden to carry as well. However, many workers are unaware of the benefits available to them through workers compensation. The Occupational Safety and Health Administration estimates that half of workplace injuries go unreported. compensation insurance company encourages employees to stay safe with the tagline, "Be careful out there." But another reason to "be careful out there" is that insurance companies do not like to pay claims. They will often use every means at their disposal to delay or avoid payment altogether. Such was the case for Jack before he sought professional legal help.
Most workplace injuries aren't reported
When you spend roughly one-third of your life at work, accidents are bound to happen. In 2024 (the most recent year for which statistics are available), the U.S. Bureau of Labor Statistics reported 2,488.400 work-related, non-fatal injuries and illnesses in private industry. The most common non-fatal injuries were (1) sprains, strains, and tears; (2) falls, slips, and trips; and (3) exterior and musculoskeletal structures of the back. There were also 5,283 fatalities, 1,252 of them involved road incidents, 885 involved falls, slips, and trips, and 458 were homicides. (And these are just the numbers that were actually reported.)
When you're dealing with the lasting effects of a workplace injury or death, the last thing you want is a financial burden to carry as well. However, many workers are unaware of the benefits available to them through workers' compensation. The Occupational Safety and Health Administration estimates that half of workplace injuries go unreported.
Have you been injured at work? Get help!
If you suspect you aren't receiving the compensation you rightfully deserve for a workplace injury or illness, it's important to act quickly. Let the award-winning team of attorneys at Just Work Comp Law help. As a law firm focused solely on workers' compensation, Just Work Comp Law offers free case evaluations to help you determine if hiring an attorney is your best option.
