Weatherford, TX asked in Workers' Compensation and Employment Law for Texas

Q: My husband was emptying the trash at his job and was stuck by a hypodermic needle. We don't know where it came from

He called his boss and his boss just gave him a disgusting sigh. My husband hung up mad. His boss never spoke to him about it again. We do not have insurance and believe that he needs to be seen by a Dr at least monthly since we don't know where the needle came from. I believe his boss should pay for that. Now my husband has been let go from his job for no good reason. What should we do

1 Lawyer Answer

A: First you need to discover whether the employer has wc insurance. No doubt if it has been more than 30 days since the incident the employer will not remember being told. It would be a good idea to give written notice. This type of injury has VERY specific parameters that must be followed because it is more a contingent type of injury. Although not precisely on point I will post a portion of a similar Rule relating to communicable disease.

Rule §110.108. Employer Notice Regarding Work-Related Exposure to Communicable Disease/HIV: Posting Requirements; Payment for Tests. (a) Each employer covered by workers' compensation insurance, including state and political subdivision employers, which employ emergency medical service employees, paramedics, fire fighters, law enforcement officers or correctional officers must post the notice contained in subsection (d) of this section, in its workplace to inform employees about Health and Safety Code requirements which may affect qualifying for workers' compensation benefits following a work-related exposure to a reportable communicable disease. The notice shall be posted in the personnel office, if the employer has a personnel office, and in the workplace where employees are likely to read the notice on a regular basis. Specific guidance for employers and employees covered by this subsection is found in §122.3 of this title (relating to Exposure to Communicable Diseases: Reporting and Testing

Requirements for Emergency Responders).

I do not remember exactly where the rules are with respect to an exposure from a hypodermic needle but this should get you started.

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