Adverse reaction to COVID-19 shots could be work injury for workers' comp purposes

As the COVID-19 vaccine becomes more accessible to the general public, employers are faced with deciding whether to institute mandatory vaccination programs to protect employees, customers, and patients during the pandemic. Some may favor a mandatory program, but you should first consider the implications of requiring the shots and possibly facing workers' compensation liability if they cause an adverse reaction or a prolonged or serious illness.

How workers' comp works

The details of workers' comp liability vary from state to state, but the basic definition of a "workplace injury" is a personal injury arising out of and in the course of employment. Employees bear the burden to prove a work-related personal injury.

If you require employees to receive the COVID-19 vaccine as a condition of continued employment, a severe reaction is likely to be considered a compensable injury. In other words, by demanding employees get the vaccinations, you've turned the activity into a job requirement, and any resulting adverse reactions likely would be a covered work injury.

What MWCA says about vaccines

The Minnesota Workers' Compensation Act's (MWCA) definition of personal injury seems to leave no question about the compensability of a mandatory vaccination: