Q: I think I got food poisoning from a catered lunch at my office. Can I file a workers' compensation claim?
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- California
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A: The fact that you became ill at work in and of itself doesn't make your employer liable... but you can file a workers compensation claim... whether it will be successful or not depends on the medical evidence and the doctors opinions on the issue of causation.
A: You could but why?? When the adjuster denies it occurred in the course of employment, how you possibly prove to a judge it was the caterer's food? Did you save a sample and get it tested? Is there Temporary Disability (a doctor wrote you must refrain from all work for a number of days)?? Is there Permanent Disability (you must avoid certain movements or actions for the remaineder of your life as a direct result of this food poisoning)??? is not, there is no financial reward. Why claim something when there is no reward and no upside?? just report the caterer to the county health department. When 20 of you report the same symptoms from the same food, the county will take appropriate actions against that caterer.
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