Estimated read time: 5-6 minutes
The accident
Jack (name changed) was a 32-year-old journeyman carpenter working in a supervisory position at his employer's warehouse. In mid-May of of the year he was hired, 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 involved 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 accident noticed his health was deteriorating. After administering a liver test, Jack tested positive for Hepatitis C and 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 submitted a claim with his employer's workers' compensation insurance carrier to pay for medical treatment and lost time from work. The insurance adjuster denied the claim, taking the position that he did not contract the Hepatitis C virus at work. That is when he came to see Davis & Sanchez.
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 one time. In settlement negotiations, the 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 the cause of his diagnosis than the needle stick
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 still had a case pending against the auto insurance company of the driver who rear-ended him.
What benefits is an employee entitled to if injured at work?
Like other states, Utah requires employers to carry workers' compensation insurance. In the event of an accident at work this insurance is designed to pay an injured worker's medical expenses, a modest wage until the employee can get back to work, and modest compensation for a permanent impairment — such as consequences of a serious orthopedic surgery or an amputated body part.
In extreme cases, workers' compensation insurance pays death benefits to an employee's family if the employee is killed, or a modest income for life if the employee is never able to return to work again. The fault of the accident (the employer's or the employee's) does not matter.
Workers' compensation benefits are not a gateway to easy wealth. These bare-bones benefits are designed to keep an injured worker's family afloat financially until the employee can fully recuperate.
Most injured workers say they would trade their workers' compensation benefits in a heartbeat for the accident to have never happened in the first place. Employees often lose good health, income, health insurance, ongoing retirement contributions, and future earning power following a serious accident at work -- even with workers' compensation insurance coverage.
Is it any wonder that the Workers' Compensation Fund has adopted as its motto: "Be careful out there!" Another reason to be careful out there is that insurance companies do not like to pay. They will often use every means at their disposal to delay or avoid payment altogether.
Most workplace injuries aren't reported
What happened to Jack could easily happen to you or to those you love.
In 2021, the U.S. Bureau of Labor Statistics reported that an average of 2.3 per 100 full-time workers were injured on the job that year. The most common non-fatal injuries were sprains, strains, and tears. Construction, transportation, and warehouse industries accounted for the most work-related deaths.
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 Davis & Sanchez help; they have handled thousands of cases. As a law firm focused solely on workers' compensation, Davis & Sanchez offers free case evaluations to help you determine if hiring an attorney is your best option.
Contact them today to get the help you need.
