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Can an Employer Require Employee Vaccination and a Liability Waiver

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  • 02-01-2017, 04:09 PM
    danswanky
    Can an Employer Require Employee Vaccination and a Liability Waiver
    My question involves labor and employment law for the state of: Indiana.

    My employer (hospital) forces employees to get flu shots. Which, I am fine with but we are forced to sign a waiver that states our employer, who gives the shots, does not have to accept and financial responsibility if you have an adverse reaction to the vaccine or if it's done incorrectly by the staff. My question is can they force their employees to sign this document?
  • 02-01-2017, 04:37 PM
    Taxing Matters
    Re: Forced Vaccination and Waved Liability
    Quote:

    Quoting danswanky
    View Post
    My question is can they force their employees to sign this document?

    The employer cannot “force” you to do it. But the employer can say it will let go any employee who refuses.
  • 02-01-2017, 05:48 PM
    adjusterjack
    Re: Forced Vaccination and Waved Liability
    Quote:

    Quoting danswanky
    View Post
    My question involves labor and employment law for the state of: Indiana.

    My employer (hospital) forces employees to get flu shots. Which, I am fine with but we are forced to sign a waiver that states our employer, who gives the shots, does not have to accept and financial responsibility if you have an adverse reaction to the vaccine or if it's done incorrectly by the staff. My question is can they force their employees to sign this document?

    You weren't "forced" to do anything.

    You could have said no to both and sought employment elsewhere if you got fired.
  • 02-02-2017, 05:08 PM
    danswanky
    Re: Forced Vaccination and Waved Liability
    Quote:

    Quoting adjusterjack
    View Post
    You weren't "forced" to do anything.

    You could have said no to both and sought employment elsewhere if you got fired.

    Ha, thank you. Well paying jobs are not exactly hanging from trees these days. Like I said, I do not mind getting the shot. What I don't like is that if something goes wrong it would be on me to pay for the medical care. If an employee gets hurt on the job does that employee not have recourse for due compensation?
  • 02-02-2017, 05:36 PM
    eerelations
    Re: Forced Vaccination and Waved Liability
    Quote:

    Quoting adjusterjack
    View Post
    You weren't "forced" to do anything.

    You could have said no to both and sought employment elsewhere if you got fired.

    He wants to say yes to the first and no to the second...
  • 02-02-2017, 06:56 PM
    cbg
    Re: Forced Vaccination and Waved Liability
    Do you have any real reason to believe that you'll react adversely to the shot?
  • 02-03-2017, 04:32 AM
    danswanky
    Re: Forced Vaccination and Waved Liability
    An adverse reaction is Always a possibility with a vaccination. Two years ago a nurse hit a nerve in a pharmacists arm and paralyzed it. She still works with us but has no use of the arm and got no assistance from the hospital.
  • 02-03-2017, 07:10 AM
    cbg
    Re: Forced Vaccination and Waved Liability
    Yes, I agree it is always a possibility. But the very, very very large majority of people who are vaccinated do not have adverse reactions. So I say again, do you have any REAL reason to think that YOU are LIKELY to suffer an adverse reaction?
  • 02-03-2017, 07:26 AM
    llworking
    Re: Forced Vaccination and Waved Liability
    Quote:

    Quoting cbg
    View Post
    Yes, I agree it is always a possibility. But the very, very very large majority of people who are vaccinated do not have adverse reactions. So I say again, do you have any REAL reason to think that YOU are LIKELY to suffer an adverse reaction?

    I am curious. Does the law really allow an employer to make it a condition of employment that someone get a flu shot, AND allow them to require the employee to sign a waiver of liability?
  • 02-03-2017, 08:09 AM
    Mark47n
    Re: Forced Vaccination and Waved Liability
    To compare the variables of someone being injected with a vaccine and the variables
    of tripping while walking up the stairs is unreasonable. Also, just because you signed the waiver doesn't mean that you cannot file suit. It will make things harder but doesn't make it impossible to prevail, especially in the face of the the example of the pharmacist. It is costly but possible. It's also about the law of averages. Consider this; if I have a surgery and all goes as it should in the OR but the surgery isn't successful I have no real recourse other than to pay for the surgery and continue to deal with the condition that led to the surgery in the first place. Medical care comes with no guarantees.. It must be because they're practicing and not ready for the big game yet.

    As to a person who works in healthcare being compelled to get a vaccine; I don't think that's unreasonable.
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