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Started By
Message
re: My company just withdrew the vaccine requirement
Posted on 12/8/21 at 10:25 am to Indefatigable
Posted on 12/8/21 at 10:25 am to Indefatigable
quote:
Essentially no one is liable for vaccine injuries in this country.
This isn’t true. And it’s important to understand this.
Vaccine makers are only free from liability when their vaccine is approved, safe and recommended for pediatric and pregnant recipients.
Because this isn’t true for the Covid vaccines, the Covid vaccines are not free from liability because they are vaccines. They are free from liability because they have an Emergency Use Authorization. And this is why Comirnaty is not available for distribution in the United States. If someone got a Comirnaty vaccine and had an Adverse event, they could absolutely sue Pfizer.
2
Posted on 12/8/21 at 10:26 am to Oates Mustache
quote:
Imagine being an attorney in all of this right now.
I am one. There’s no easy answer to this question for employees. I’ve advised a few.
There’s also no easy way for attys to get paid on this. That was gone with the liability waivers on vaccine companies.
Not that anyone feels sorry for lawyers, I get it. But damn I’ve had to give some answers that I don’t like. I feel for my clients. This is an unbelievably shitty situation for everyone except the US GVT and Pfizer
Posted on 12/8/21 at 10:27 am to GumboPot
quote:A whole lot of "woke" companies followed their Dem masters, and seemed forget about the Constitution and the judicial system. Looks like a bunch of fired workers (and lawyers) are gonna get paid.
Imagine being a CEO and following HR's demands from the executive branch with no authority to implement a mandate.
Civics is dead in this country.
You have to be some kind of special dumbass, especially in a red state, to go lock, stock, and barrel on just the musings of the administration led by a demented, perverted, old man.
Posted on 12/8/21 at 10:28 am to the808bass
I said a few months ago when a lot of people were making fun of GumboPot over this that I will revisit it if Comirnaty is not available by the end of the year. Where do we stand on that?
Posted on 12/8/21 at 10:30 am to Indefatigable
No, unlike the blanket immunity enjoyed by the vaccine manufacturers, an employee injury resulting from an employer mandate is compensable by workers compensation.
This is why employers have hesitated, any employees who have an adverse reaction will have all medical costs paid by their employer, plus wage replacement per state workers compensation scales. An adverse reaction could be death or other major medical problems but also 'emotional distress' that some can use to work from home and/or get a paid vacation (or another remote job).
This is why employers have hesitated, any employees who have an adverse reaction will have all medical costs paid by their employer, plus wage replacement per state workers compensation scales. An adverse reaction could be death or other major medical problems but also 'emotional distress' that some can use to work from home and/or get a paid vacation (or another remote job).
Posted on 12/8/21 at 10:30 am to Bunk Moreland
It is not available and will not be available.
My outline above lays out the issue very plainly. It will never be available until the pediatric indication is in place for the Pfizer vaccine.
My outline above lays out the issue very plainly. It will never be available until the pediatric indication is in place for the Pfizer vaccine.
Posted on 12/8/21 at 10:30 am to Auburn1968
quote:
I wonder what the liability is for the company should an employee forced to take the "vaccine" suffer a major adverse effect.
I think it will be hard to prove it was the vaccine that caused it, due to all the misinformation or lack of information surrounding it.
Posted on 12/8/21 at 10:31 am to greygoose
quote:
ou have to be some kind of special dumbass, especially in a red state, to go lock, stock, and barrel on just the musings of the administration led by a demented, perverted, old man.
Well said!
Posted on 12/8/21 at 10:38 am to GoIrish02
quote:
an employee injury resulting from an employer mandate is compensable by workers compensation.
Good point--so there is some avenue to get medical costs paid, etc.
However employers are not going to be found liable in a civil suit for damages from the vaccine mandates. It will have to be done through their workers compensation insurance like any other workplace injury/illness. Employers' costs for maintaining the policy will likely increase, but they won't be on the hook for the medical expenses. That will come from the WC policy.
This post was edited on 12/8/21 at 10:41 am
Posted on 12/8/21 at 10:39 am to EvrybodysAllAmerican
It's pretty clear if one is a healthy, young employee before the vaccine and then you're dead, deaf or have cardiovascular problems all of a sudden after you receive the experimental, employer-mandated vaccine.
All those professional and college athletes (Euro soccer players, NBA players, Deion Sanders, U of Minnesota RB) aren't dropping dead or being hospitalized randomly, it's right after they get the vaccine. If pro athletes are being affected, cubicle workers aren't escaping the pretty clear major side effects.
All those professional and college athletes (Euro soccer players, NBA players, Deion Sanders, U of Minnesota RB) aren't dropping dead or being hospitalized randomly, it's right after they get the vaccine. If pro athletes are being affected, cubicle workers aren't escaping the pretty clear major side effects.
Posted on 12/8/21 at 10:41 am to Indefatigable
quote:
However employers are not going to be found liable in a civil suit for damages from the vaccine mandates. It will have to be done through their workers compensation insurance like any other workplace injury/illness.
Bad news. They changed worker’s compensation this year so that Covid vaccines aren’t the employer’s responsibility.
Posted on 12/8/21 at 10:43 am to pickle311
Mine is just now enforcing it. I have until Feb 15th.
Posted on 12/8/21 at 10:45 am to Indefatigable
Edit: most employers over 100 employees pay their workers compensation claims directly plus a markup on actual claims costs for the insurer to adjust them. Insurance companies don't have a magic bucket of money to pay claims, that money comes from the employer ultimately.
Agreed, but those are major costs that are paid by the employer either way. Most major employers have been handling Covid infections under their health insurance mechanism, adding in having to pay 2/3 of your employees' average weekly wages while they're out (temporarily or permanently) would be a catastrophic new cost to most businesses.
And any company that mandates can certainly be sued by the employee's family members in tort for damages beyond workers compensation.
Agreed, but those are major costs that are paid by the employer either way. Most major employers have been handling Covid infections under their health insurance mechanism, adding in having to pay 2/3 of your employees' average weekly wages while they're out (temporarily or permanently) would be a catastrophic new cost to most businesses.
And any company that mandates can certainly be sued by the employee's family members in tort for damages beyond workers compensation.
This post was edited on 12/8/21 at 10:51 am
Posted on 12/8/21 at 10:45 am to pickle311
Our company asked us to identify in September/October for customers who are mandating it. I had put ‘Refuse to Answer’, so will probably be fired before anyone who put ‘No’.
There’s been nothing since, and I get the feeling a lot of people hit ‘No’ or ‘Refuse to Answer’
There’s been nothing since, and I get the feeling a lot of people hit ‘No’ or ‘Refuse to Answer’
Posted on 12/8/21 at 10:46 am to pickle311
My company was moving forward with it but is now holding off until the courts sort it out. They’re still requiring employees to report their vaccination status, though.
Posted on 12/8/21 at 10:46 am to bizeagle
quote:
Employees who do not respond will be registered as not vaccinated.
What I would do if was requested to declare.
Posted on 12/8/21 at 10:48 am to the808bass
quote:
Bad news. They changed worker’s compensation this year so that Covid vaccines aren’t the employer’s responsibility.
Where?
thought there was legislation in certain states saying that those termed would qualify for unemployment?
Posted on 12/8/21 at 10:49 am to the808bass
quote:
They changed worker’s compensation this year so that Covid vaccines aren’t the employer’s responsibility.
This would be state-dependent, no?
Posted on 12/8/21 at 10:49 am to pickle311
I just got an email from my company saying they are suspending all mandates and or testing requirements in leu of the recent court stays.
Posted on 12/8/21 at 10:57 am to the808bass
quote:
They are free from liability because they have an Emergency Use Authorization.
This sums up my take on it as well. People still took it voluntarily. You can argue you were coerced, but I don't think that will fly.
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