What to do if I got stuck with a needle at work?

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What to do if I got stuck with a needle at work?

Today my boss asked me if the insurance company had called me yet. I replied no. He said that when they call you they are going to have questions for you. I said OK. He then went on to say that if they ask if I was trained properly to tell them yes so his insurance doesn’t go up (his exact words). So I called my husband to tell him what was said and he seems to think they are going to try and say it was my fault and not pay for the 6 months of testing that I now have to go through. I don’t want to cause trouble for my boss but don’t want to lie and have it come back on me either.

Asked on December 7, 2015 under Personal Injury, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, do not lie--that is insurance fraud, and you could suffer liability for it.
As to whether your employer or their insurer would have to pay for your testing, etc.--that depends on why/how you were stuck with the needle. If it was due to a coworker's clumsiness or error, or because the employer did not provide adequate training or safety measures, then the employer should be liable for any costs you incur due to it, meaning that the employer or their insurer should pay.
But if you were stuck due to your own fault or error and neither the employer nor a co-worker were at fault, the employer would not be liable for your costs (since it was due to your own actions or mistake) and so their insurer most likely would not have to pay, either.


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