Will COVID19 Vaccination Status Impact My Workers’ Compensation Case?

At the Law Offices of Marc Francis, work injury lawyer in Sonoma County, we often receive inquiries from injured workers who ask whether their vaccination status will impact their work injury case.

First and foremost, ask your local healthcare professional if getting a COVID vaccine is right for you.

There are at least three areas where vaccination status could impact a workers’ compensation case. First is access to medical treatment for the work injury. Some health care providers will schedule in-person appointments for unvaccinated patients, and some will not. If not, the provider may offer treatment appointments by Zoom or other electronic means. This should be discussed with the provider or their medical staff to determine whether the medical problem can be properly diagnosed and treated using electronic means.

The second area where vaccination status may be important is for a Qualified Medical Examination (QME) or other forensic examination or diagnostic test needed to gather medical data to determine disputed issues in your case. This can include whether the injury happened at work, need for medical care, need for temporary total disability benefits, or need for permanent partial disability benefits. For some types of injuries, the examining QME doctor may require an in-person visit rather than electronic examination. A QME doctor may decline to examine unvaccinated patients, or they may require proof of a negative test. However, this is not always the case.

The third area where vaccination status can be a factor in a workers’ compensation case is providing witness testimony in a deposition or trial involving your case. Simply put, some testimony can be given effectively by electronic means and in other cases in-person testimony is preferred.

Each of these three areas should be discussed with your doctors and/or attorney as appropriate for the particular facts of your case. In short, it depends! Contact the Law Offices of Marc Francis, Sonoma County workers comp attorney, for a free consultation about your concerns and what is best for your case. Call us at (707) 664-9675.