Can I Claim Workers’ Comp for a SIRVA Injury?

Workers’ Compensation SIRVA InjuryDo you visit the doctor annually to get vaccinated for the flu? If so, you know how painful the injection can be to your arm. If you experience the pain for days on end it could be something more serious than a simple reaction to the injection. It’s possible that you are suffering from an injury known as SIRVA. SIRVA is short for Shoulder Injury Related to Vaccine Administration. This injury occurs when the doctor or nurse injects the needle too deep into your skin or too high up on your shoulder. SIRVA is still a rare enough injury that you don’t need to be too worried about suffering from it, but you should still know if you can claim workers’ compensation if ever injured.

Common Injuries Related to SIRVA

A patient who suffers from SIRVA will notice the symptoms present themselves no later than 48 hours following injection of the vaccine. The most common injury patients deal with is lack of motion with the arms. Aside from lack of motion you will endure quite a bit of pain, which can be so severe that prescription pain medication might be needed. Some other common injuries caused by SIRVA include the following:

  • Bursitis of the shoulder
  • Tendinitis of the shoulder
  • Rotator cuff tears
  • Frozen shoulder
  • Dysfunction of the shoulder
  • Brachial neuritis
  • Adhesive capsulitis
  • Impingement of the shoulder

Available Treatment for SIRVA

There are multiple options for treating SIRVA and they all depend on the level of your pain as well as the damage done to your shoulder from the injection. If the pain is not too severe you might be able to get away with a prescription for a topical ointment and some rehabilitation appointments with a physical therapist.

If the injuries are severe enough you might require surgery. Surgery is a major cost, even if it is covered by your insurance, which could wind up draining a lot of your financial resources. This is where the question arises about receiving compensation for your injuries.

Receiving Compensation for SIRVA Injuries

It is possible for patients suffering from SIRVA injuries to receive compensation. There are two options: workers’ compensation benefits and payment from the government. The only ways workers’ compensation will be approved are if the vaccine was administered by your employer or your employer required the vaccine as part of your employment terms (even if you received the injection off-site from your personal doctor).

If the vaccine you received that led to SIRVA was administered by the government, there is a fund set up that will compensate you for injuries. The fund, the National Vaccine Injury Compensation Program (VICP) was formed in 1988.

Contact an Experienced Attorney Today

If you or a loved one suffers from SIRVA following a vaccination your employer asked you to get it’s time to speak with an experienced attorney. Contact the office of Scott J. Sternberg & Associates P.A., Attorneys at Law. Call the office at (561) 687-5660 to schedule a consultation today. Your rights as an employee need to be handled with care. We are conveniently located at 560 Village Blvd Suite 270 in West Palm Beach.

Additional Reading

Being Evaluated for Workers’ Compensation Injuries

What Does Workers’ Compensation Insurance Cover in Florida?

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