Workers' Compensation is based on the concept of a
verifiable injury. An employee went to the job site and became a damaged
working unit. A broken leg, or missing body parts are easily verifiable
injuries. However, when this issue involves an infectious
disease-verifying that the infection occurred while at work is another
issue. A worker does not immediately have symptoms or some other
verifiable proof that this infection occurred at the work site. The
burden of proof generally rests upon the claimant. (S)he will have to
prove that this infection occurred during the process of working-because
a virus does not a specific identifiable markings other than the type of
disease. Proving that this infection occurred at this specific point in
time with this specific type of injury is an impossible task to perform.
If the claimant has any 'abnormal' behavior or physical traits, proving
the occurrence of this injury at work will be impossible. Primarily, the
claimant will have to prove his/her sexual preference, number of
lifelong sexual relationships, possible personal tattooing, if (s)he has
ever used any type of IV drugs and previous surgical procedures.
The real question is regards to coverage is the work place is not
whether there is adequate coverage for exposure/infection in the work
area but RATHER how many claims have been awarded to claimants.
"The following figures were calculated based on 1996 EPINet data. We
do not know to what degree new HIV treatments have affected health care
worker risk of HIV infection. They have probably reduced the risk
somewhat since there are now fewer AIDS patients in hospitals.
We estimated percutaneous injuries and blood and body fluid exposures
in one year, based on: 30 injuries per 100 occupied hospital beds
reported (from our national EPINet data for 1996) 600,000 occupied
hospital beds in the U.S. 180,000 injuries in one year reported in
hospitals (.3 x 600,000) 39% of incidents not reported (according to
surveys conducted in 6 EPINet hospitals in 1996-1997) = 295,082 injuries
occurred in hospitals double this figure because 50% of health care
workers work outside of hospital settings (total =590,164 percutaneous
injuries) according to EPINet data for 1996, an additional 1/3 of
reported exposures (total = 196,721 mucocutaneous exposures) involve
skin/non-intact skin or mucous membrane contact with blood or at-risk
biological substances with can also transmit HIV, HBV, Hepatitis C Virus Total annual
percutaneous and mucocutaneous exposures to blood or at-risk biological
substances in the U.S. in 1996 = 786,885" March 2000 national
estimates of annual percutaneous injuries, using combined data from the
CDC's NaSH database and the Center's EPINet network
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Last
cases against Palo Alto lab worker dismissed |
Two people who believe they were infected with HIV and hepatitis C
by a lab worker who reused needles, plan to appeal a judge's
dismissal of their cases. |
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Management of healthcare workers after occupational exposure to
hepatitis C virus-Australia |
Many healthcare
workers are extremely anxious after needlestick injuries, with
widespread effects on work performance, personal relationships and
psychological health, leading to depression and, at times, a sense
of abandonment and isolation. This may occur regardless of
counselling. Given the relatively low rate of HCV seroconversion
after needlestick injury, it is often these psychological issues
that have the greatest impact on injured healthcare workers. |
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Medicaid Program Policy Trends: Financing and Quality of HIV Care
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However, cost
containment has driven state Medicaid programs to alter policies
that have a direct impact on some or all groups of Medicaid
beneficiaries. State and federal policy makers must balance the need
for fiscal health with the public duty to ensure that Medicaid
beneficiaries receive services that preserve and promote health.
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Microsoft Loses Disability Case |
A Seattle jury
last week awarded Davis $2.3 million for lost wages and benefits,
including stock options. The jury found that Microsoft had violated
the Washington Law Against Discrimination by not doing enough to
help Davis find a job he could do in an ordinary work week.
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National Surveillance of Dialysis-Associated Disease in the United
States-1997 |
The CDC has been
conducting surveillance of hemodialysis-associated hepatitis since
the early 1970’s, when CDC reported that the incidence of HBV
infection among patients and staff during 1972-74 had increased by
more than 100% to 6.2% and 5.2% respectively. |
117 kb pdf |
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National Surveillance System For Health Care Workers
|
Needlestick and
other percutaneous injuries (PIs) pose the greatest risk of
occupational transmission of bloodborne viruses to health-care
workers (HCWs). The annual number of PIs sustained by U.S. HCWs have
been estimated using a variety of methods and have ranged from
100,000-1,000,000. |
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National Surveillance System For Health Care Workers
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Of all
occupational exposures, percutaneous injuries (PIs) pose the
greatest risk for transmission of bloodborne pathogens. Health care
workers (HCWs) do not report all PIs despite the availability of
prophylaxis for some exposures. |
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Needle Stick Risk |
Hundreds of
medical workers become infected with the AIDS or hepatitis viruses
from accidental punctures each year. |
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Nevada’s OCCUPATIONAL DISEASES
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Short title.
This chapter shall be known as the Nevada Occupational Diseases Act.
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Occupational Court Ruling from Wisconsin |
"It is often
impossible to find the source from which a germ causing disease has
come. The germ leaves no trail that can be followed. Proof often
does not pass beyond the stage of possibilities or probabilities,
because no one can testify positively to the source from which the
germ came, as can be done in the case of physical facts which may be
observed in concerning which witnesses can acquire positive
knowledge. Under such circumstances the commission or the court can
base its findings upon a preponderance of probabilities or of the
inference that may be drawn from established facts." |
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OCCUPATIONAL
EXPOSURE |
The risk of HIV transmission to medical personnel has been
recognized since 1984, with the first reported case of HIV
transmitted to a health care worker following needlestick injury
(Anonymous, 1984). Since that time, information regarding
occupational exposure and outcomes has been collected. As of
October 1998, there were 187 reported cases in the medical
literature of HIV transmission in the United States and 264
cases worldwide, presumably related to occupational exposure |
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Occupational Exposure to Bloodborne Pathogens; Needlestick and Other
Sharps Injuries |
Blood and other
potentially infectious materials have long been recognized as a
potential threat to the health of employees who are exposed to these
materials by percutaneous contact (penetration of the skin).
Injuries from contaminated needles and other sharps have been
associated with an increased risk of disease from more than 20
infectious agents (Exs. 3-172GG, 3-274C). The primary agents of
concern in current occupational settings are the human
immunodeficiency virus (HIV), hepatitis B virus (HBV), and hepatitis
C virus (Hepatitis C Virus). |
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Occupational Health and Safety Risks Faced by Police Officers |
Police officers
face a range of risks at work: homicide, assaults, communicable
diseases, injuries during car crashes and regular abuse. The risks
vary according to the task being undertaken (whether performing
traffic duties, attending street disturbances, arresting offenders,
guarding prisoners in watchhouses or in hospital or transporting
offenders to court) |
Pdf 56 kb |
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OCCUPATIONAL RISKS |
Changes in work
procedures and safety design of items should be implemented to
minimize the risk of occupational exposure due to disposal of blood
samples and to unprotected gaps of personal protective equipment
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Occupational risk for hepatitis C virus infection among New York
City dentists. |
Since
dentists have numerous patients and are exposed to blood, they
are likely to have the maximum risk.... Anti-HCV was found in 4
(9.3%) of 43 oral surgeons compared with 4 (0.97%) of 413 other
dentists (OR 10.5, 95% CI 1.9 to 58). Our findings show that
dentists are at increased risk for hepatitis C infection. All
health-care workers should regard patients as potentially
infected with a communicable bloodborne agent. |
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Occupational Risks Magazine |
Gives
information on how to underwrite those claims and calculate them
|
458 kb pdf |
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Occupationally Acquired HIV: The Vulnerability of Health Care
Workers under Workers ' Compensation Laws |
Approximately
800 000 needle-sticks and other sharp injuries from contaminated
medical devices occur in health care settings each year, of which an
estimated 16000 are contaminated by human immunodeficiency virus
(HIV). Health care workers who are Occupationally infected by HIV
are at risk of being left without workers' compensation coverage. In
some states, the definition of an occupational disease is so
restrictive that infected health care workers are unlikely to
qualify for benefits. For those who are able to meet the definition,
compensation is often inadequate. Recourse is also limited by
statutory provisions that preclude health care workers from bringing
civil suits against their employers |
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Occupationally Acquired Infections in Health Care Workers |
The risk for
occupationally acquired infections is an unavoidable part
of daily patient care. Occupationally acquired infections
cause substantial illness and occasional deaths among
health care workers. Further studies are needed to
enhance compliance with established infection control approaches.
As health care is being reformed, the risk for and costs of
occupationally acquired infection must be considered. |
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Officer Stabbed with Dirty Drug Needle |
A police officer doing a routine pat
down of a suspect could now be facing a potentially life-threatening
disease. He was making sure the suspect wasn't armed when he was
stabbed with a used drug needle.
The incident has
a police department rethinking how safe all police officers really
are out there and it has the patrolman quite literally wondering
what the next six months or so will bring. Officer Tom Eibach, 25,
of the Scott Township Police Department has been on the force just a
few years. Now he's facing the scare of his life. |
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Ohio-annual summary of infectious diseases-1998 |
Statistics for
information |
77 kb pdf |
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OSHA Standards Interpretation and Compliance Letters |
It is important
to note that the definition of "occupational exposure" comprises the
reasonable anticipation that the employee will come into contact
with these fluids during the course of performing his or her work
duties. Therefore, OSHA anticipates that this standard will impact
upon all non-health care industries in a similar fashion,
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OSHA-Bloodborne Pathogens |
To establish a
bloodborne pathogen exposure control plan |
37 kb pdf |
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OSHA-occupational exposure |
This instruction
establishes policies and provides clarification to ensure uniform
inspection procedures are followed when conducting inspections to
enforce the Occupational Exposure to Bloodborne Pathogens Standares
|
1,297 kb pdf |
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Police routinely risk exposure to infectious disease
|
Police, who
guard against high-profile dangers such as bullets and knives, say
the threat from bites and spit that might carry HIV, hepatitis B or
other infectious diseases concerns them almost as much. |
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Policy Statements Adopted by the Governing Council of the American
Public Health Ass. 1999 |
Policies Adopted
|
486 kb pdf |
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PREVALENCE OF HEPATITIS C ANTIBODIES IN CLINICAL HEALTH-CARE WORKERS
|
Health-care
workers are known to be at risk from occupational transmission of
blood-borne viruses, including hepatitis C. There may be serious
implications following infection with hepatitis C including possible
transmission to patients. |
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Preventing Needlestick Injuries in Health Care Settings
|
Health care
workers who use or may be exposed to needles are at increased risk
of needlestick injury. Such injuries can lead to serious or fatal
infections with bloodborne pathogens such as hepatitis B virus,
hepatitis C virus, or human immunodeficiency virus (HIV).
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Protocol for follow-up of Hepatitis C Virus exposure |
Protocol for the
follow-up of healthcare workers exposed to hepatitis C virus is
desperately needed, but limited data on occupational risk,
transmission risk, and the benefits of therapy are hampering efforts |
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Public Safety Employees' Prevalence of Hepatitis C Antibody in the
State of Florida |
This study was
done to determine the prevalence of hepatitis C virus (Hepatitis C Virus)
infection in the public safety employees in the State of Florida as
an integral part of an Hepatitis C Virus awareness and education campaign.
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Reused Needles Reportedly Infect Patients With Hepatitis C
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A Brooklyn
anesthesiologist reportedly infected at least 19 patients with
hepatitis C by improperly reusing hypodermic needles |
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Risk of HIV and Other Blood-Borne Infections in the Cardiac Setting |
Health care
workers (HCWs) face a well-recognized risk of acquiring blood-borne
pathogens in their workplace, in particular hepatitis B and C
viruses (HBV/HBC) and human immunodeficiency virus (HIV).
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SOUTH CAROLINA IS SITE FOR HEPATITIS C EXPOSURE RISK SURVEY
|
"The
per-positive exposure seroconversion risk for hepatitis B virus (HBV)
approximates 30%, for hepatitis C virus (Hepatitis C Virus) 2%-3%, and for HIV
0.3%. Currently there is neither pre- nor post-exposure prophylaxis
for Hepatitis C Virus exposures," |
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State of Connecticut Workers & Compensation Commission |
CONNECTICUT
INTERLOCAL RISK MANAGEMENT AGENCY ADMINISTRATOR RESPONDENTS-APPELLEES |
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Surveillance of occupational exposure to bloodborne pathogens in
health care workers: the Italian national programme |
Health care
workers (HCWs) face a serious risk of acquiring bloodborne
infections, in particular hepatitis B virus (HBV), hepatitis C virus
(Hepatitis C Virus), and human immunodeficiency virus (HIV), all of which are
associated with significant morbidity and mortality. |
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The NIH Consensus Conference on the Management of Hepatitis C
|
The National
Institutes of Health convened the second Management of Hepatitis C
Consensus Development Conference on June 10, 2002 in Bethesda,
Maryland. The first Management of Hepatitis C Consensus Conference
was held in March 1997 that established the current approaches that
are utilized in the management and care of Hepatitis C Virus. The statement that
will be issued as a result of this meeting will have far reaching
affects and consequences to the management, care and treatment of
hepatitis C and is therefore of extreme importance to the community.
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The rate of transmission to susceptible health care workers
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Gives
probability rates |
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Updated list of WC Agency Websites |
Web sites for
Workers Compensation Agencies in USA |
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Violence, Occupational Hazards in Hospitals |
Where to expect
violence in health care setting |
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VIRAL HEPATITIS SURVEILLANCE PROGRAM-1993 |
Report from CDC
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Work Injuries and Illnesses Occurring to Women |
Women’s job
related injuries and fatalities are substantially below those of
men, largely because of their lower proportions in high-risk
industries and occupations. As more and more women take high-risks
jobs, however, the possibility exists that their risk of injury and
death will increase |
43 kb pdf |
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Worker's
Compensation |
Too often,
employers and insurance carriers are able to avoid their
responsibility to injured workers simply because the workers do not
know their rights under the Workers' Compensation Act. Next to being
aware of the hazards of your particular workplace, the most
important weapon you can have to protect yourself in the event of a
work-related injury or fatality is your knowledge of your rights
under the Workers' Compensation Act. |
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