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Baltimore, MD Workers Comp Attorney

What Should You do When You Get Food Poisoning at Work?

What Should You do When You Get Food Poisoning at WorkIf you’ve gotten food poisoning at work, you should contact a Baltimore, MD workers comp attorney as soon as possible.

Food poisoning is not all that uncommon. Coming down with food poisoning can cause you to miss up to several days of work, possibly losing wages and resulting in expensive medical costs.

What happens if you get food poisoning as a result of a meal provided by your employer or purchased at the company cafeteria? Can you file a workers’ compensation claim to recoup any lost wages or medical expenses? You can if the following conditions are met:

  • The injury (food poisoning) must be work related, and that can sometimes be difficult to prove. It is recommended that people who are trying to prove that they got food poisoning from work enlist the help of a reputable Baltimore, MD workers comp attorney.

You may be able to prove your employer’s liability for food poisoning if:

  • The food was supplied by your employer. This does not include food you bring from home and eat at work, only food your employer provided as part of your pay.
  • You purchased the food from a cafeteria that is only for employees where you work. If you got the poisoning from a food truck or caterer that came to your place of business and sold the food that you subsequently came down with food poisoning from, you cannot claim workers’ compensation.
  • If the caterers were hired by your company to sell food in cafeteria that was just for employees, and eating this food caused you to get food poisoning, this could be treated as work related.
  • If eating the food was part of your job requirements (you are a food critic), then any food poisoning would obviously be caused by your work responsibilities and you would be able to collect workers’ compensation.

If you got sick from food that was at your work and you are not sure whether or not your employer is liable for expenses related to your illness, discuss your situation with a reputable Baltimore, MD workers comp attorney.

How do you file for workers comp?

First and foremost, seek medical attention to confirm your diagnosis of food poisoning and get treatment. Obtain all relevant documentation from your physician to attach with your claim for workers’ compensation benefits.

Let your employer know about your food poisoning as soon as you can. In some states you have a very limited time in which to notify your employer before you lose the ability to file a claim.

After you notify your employer, be sure to fill out any forms you receive to file your claim for workers’ compensation benefits. A Baltimore, MD workers comp attorney can assist you with  forms, meeting deadlines, and filing a claim, if you need any assistance.

What if you get food poisoning at a company Christmas party?

  • If the event was mandatory, you would have a good case that this was job related and the injuries would be covered by workers’ comp.
  • Did the event occur during normal working hours or outside working hours at a different location? If the party occurred during normal working hours, it could be argued that employees were expected to attend and the food poisoning was work related.
  • If your employer paid for the event, it is likely considered a work event and the food poisoning should be covered by workers’ compensation.
  • Did your employer or company derive any benefits from the event? If employees were expected to mingle with clients at the party, it would likely be considered a work-related event and all the rules for workers’ compensation apply.

For a highly rated Baltimore, MD workers comp attorney you can rely on, contact the dedicated team at Cohen & Cohen, P.C. for a free case evaluation, any time of the day or night, any day of the year.

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