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  1. #1

    Default Compensation for Workplace HIV Exposure

    My question involves workers compensation law for the state of: Indiana. I work in a laboratory and was transporting specimens to another department, during which time we are not required to wear personal protective equipment. Two specimens had been sent in rubberbanded together so tightly that the top popped off and blood serum splashed in my eye. The blood serum was hiv positive. I washed my eye out, went to the emergency room and workers comp paid for post exposure medication. I will not be taking another HIV test for another 4 weeks so I don't know how the results will turn out. If the results are negative, would I have a case to sue for pain and suffering or any type of compensation?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,210

    Default Re: Hiv Exposure

    If the results are negative you don't have HIV and you get nothing.

    If the results are positive, it would certainly be unfortunate.

    Employees exposed to a highly contagious or infectious disease can be entitled to benefits under the Indiana Workers’ Compensation Act if the employee can establish that the exposure was by accident and arose out of and occurred in the course of his/her employment. An employee may also receive an award for future medical expenses, or palliative care, if the disease is one which may not manifest itself for many years. For example, an employee who contracted hepatitis C was entitled to ongoing medical care for the conditions, symptomatology and testing for the disease as recommended by his treating physicians. Bloomington Hospital v. Stofko, 705 N.E.2d 515 (Ind. Ct. App. 1999).
    Quoted from:

    https://wiki.theclm.org/Wiki/236#Inf...-kepyd6sZRa0rw

    Read the case decision at:

    https://scholar.google.com/scholar_c...en&as_sdt=2006

    There may or may not be a partial disability for HIV similar to Hep C but, no, you don't get pain and suffering or compensation other than medical treatment, and possibly loss of wages if the disease renders you unable to work.

    You cannot sue your employer for a work related illness or injury. Your only recourse is workers compensation.

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