Am I entitled to compensation if I am harmed by a mandated vaccine?
Short Answer: Maybe.
Long Answer: A vaccine-related injury sustained from an employer-mandated vaccine may qualify for a “work-related injury” pursuant to workers’ compensation law.
However, workers’ compensation cases have not been tested in courts. We continue to monitor for developments in Connecticut.
Aside from workers’ compensation, can I get compensation for harm caused by a mandated vaccine?
Short Answer: Maybe.
Long Answer: The Vaccine Injury Compensation Program (the “VICP”) is a federal program developed in the 1980s to compensate people with specific reactions and injuries caused by certain vaccinations. The VICP compensates for pain and suffering, past and future lost wages, and medical expenses. However, only about 33% of VICP claims receive compensation.
Currently, COVID-19 vaccines are not compensated through the VICP.
Regarding emergency use COVID-19 vaccines, the federal Public Readiness and Emergency Preparedness Act (the “PREP Act”) may provide immunity from certain types of liability arising from the administration of vaccines to “covered persons” under the Act. In addition, this immunity may extend to certain private-sector employers as specified under the U.S. Department of Health & Human Services’ advisory guidance. Consequently, an employer providing a COVID-19 vaccine onsite may be immune from claims of injury or loss arising from the administration of a COVID-19 vaccine, except in instances of “willful misconduct.”
The PREP Act also provides a compensation program, the Countermeasures Injury Compensation Program (the “CICP”), to eligible individuals who suffer serious injury from one of the protected countermeasures, which currently includes emergency use COVID-19 vaccines. CICP effectively pays only lost wages and unreimbursed medical expenses and is decided by an administrative agency with no right to appeal.
If you have additional questions, we can answer them. We can also set up a free consultation to discuss your situation and figure out the best way to handle your case. If you are looking for an experienced and aggressive Connecticut Vaccine Injury lawyer, contact Attorney John Radshaw today at (203) 654-9695.