Should a person withhepititis Cbe allowed to work at a cosmetic counter?

UPDATED: Sep 27, 2010

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Should a person withhepititis Cbe allowed to work at a cosmetic counter?

She is touching people all day long without gloves and frequently bleeds at the counter. Would this be grounds for a class action suit seeing as the company is aware of this situation and is endangering the co-workers as well as the unsuspecting customer? She also uses the testers on herself without any sterilization.

Asked on September 27, 2010 under Personal Injury, Louisiana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It would be advisable to notify the person in charge of the Department of Health in your city about this situation.

If anyone has become ill as a result of this situation, a claim should be filed with the company's insurance carrier.  When the person who became ill from the encounter with this employee is released by the doctor upon completion of medical treatment or reaching a point of being permanent and stationary beyond which no further improvement is anticipated, the person should obtain her medical bills and medical reports.  The medical reports will document the nature and extent of the injury and will be used to determine the amount of compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  The claim filed with the insurance carrier should include the medical bills, compensation for pain and suffering and any wage loss. Compensation for the medical bills and wage loss is straight reimbursement.  If the claimant is dissatisfied with settlement offers from the insurance carrier, the claimant can file a lawsuit for negligence against the store and the employee.  If the case is settled, no lawsuit is filed.  If the case is NOT settled, the lawsuit must be filed prior to the expiration of the statute of limitations or the claimant will lose her rights forever in the matter.

As for a class action, a court will determine whether or not a class action is appropriate.  A class action is filed when there are numerous similar claims and it is more efficient to handle all the claims as a class instead of as individual lawsuits. A class action may be appropriate here given the number of customers and co-workers who may have been exposed to hepatitis and may have exposed others.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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