Does Filing a Vaccine Injury Petition Affect Your Job?
The National Vaccine Injury Compensation Program (VICP) was established to ensure individuals who believe they have suffered vaccine-related injuries have access to a fair, no-fault resolution process. For those vaccinated at their place of employment, one common concern is whether filing a petition with the VICP might negatively affect their job or employment status. The answer is no—filing a petition under the VICP does not create any legal issues with your employer.
How Does the VICP Work?
The VICP is a federal program created in the 1980s as a response to vaccine injury lawsuits that threatened vaccine availability and public health. The program provides a structured and efficient way to handle vaccine injury claims while maintaining public confidence in vaccines.
Here’s how it works:
Eligibility: Any individual who received a covered vaccine can file a petition if they believe they were injured due to the vaccine. This includes children, adults, and individuals represented by parents, legal guardians, or legal representatives. Even in cases where the individual is deceased, a petition can be filed on their behalf.
Coverage: The program includes many common vaccines, such as those for influenza, measles, mumps, rubella, and more.
Process: Petitions are reviewed by the U.S. Court of Federal Claims, sometimes with input from medical and legal experts. If the injury is found to meet the criteria, compensation can cover medical expenses, lost wages, and pain and suffering.
Filing a Petition and Workplace Concerns
If you were vaccinated at your workplace, rest assured that filing a petition with the VICP is strictly a matter between you and the federal government. Employers are not involved in the petition process, and filing a claim will not create any issues related to your job. The program is designed to protect both individuals and public health without imposing additional burdens on employers or employees.
Worker’s Compensation and Vaccine Awards
An important consideration for individuals filing a petition under the VICP is how other compensation awards, such as those from state worker’s compensation programs, may impact the final vaccine injury award. According to § 300aa-15 of the Vaccine Act, any compensation award under the VICP must be reduced by the amount reasonably expected to be received "under any State compensation program, under an insurance policy, or under any Federal or State health benefits program (other than under title XIX of the Social Security Act [42 USCS §§ 1396 et seq.])." This includes state workers' compensation program awards as a type of offset.
This means that if you’ve already received compensation from a state worker’s compensation program for a vaccine-related injury, the amount awarded under the VICP will be adjusted to account for that prior compensation. Understanding this provision is critical to managing expectations regarding the total amount recoverable under the VICP.
Learn More
Understanding your rights under the VICP can help you make informed decisions about your health and well-being. The process is straightforward, and resources are available to guide you every step of the way.
Contact us to learn more about your eligibility for vaccine injury compensation. The Texas Vaccine Lawyers, a division of The Greenwood Law Firm, can help you navigate this process. Schedule a free consultation today to discuss your case and explore your options.