Almost everyone who works eats while they are there. Sometimes getting a free meal is even a perk of the job. But what happens when you contract food poisoning while you are hard at work? Is it a compensable claim under state law? Here is what you must know if you want to have a successful claim for food poisoning at work.
What is food poisoning?
Food poisoning is an illness that is derived from bacteria and toxins found in food.The symptoms usually include nausea, vomiting and diarrhea. Food poisoning many times is misdiagnosed with other illnesses or viruses, such as the stomach flu. Most cases of food poisoning are not serious—but some can be and those individuals often end up hospitalized for dehydration.
Will Workers’ Comp Pay Benefits For Food-Borne Illnesses Acquired At Work?
Under Georgia law, in order to have a compensable workers’ comp claim the illness must have been derived from something connected to your job or in the workplace. So how does that occur with food poisoning? It could be as simple as an event where your workplace inadvertently catered in tainted food. Or maybe you had some brownies in the break room that ended up making you ill. The point is that in order to have a successful claim you must have contracted the illness while on the clock and you must be able to prove it.
How do I know if I was at work when I got food poisoning?
Well, since you must be able to prove you got ill at work instead of after hours, you need to think about the various circumstances and what makes sense. Did your employer provide you with food that made you ill? Did you have expenses for food deducted from your paycheck that would help support your case? Do you eat in a lunchroom that is designated as “employee only”? Or is the public allowed in? If the public is allowed to eat in the same cafeteria, you are looking at a personal injury claim rather than workers’ compensation benefits. However, if the food you ate was provided by the employer in a private setting you have a much better chance at a successful claim.
Challenges you may face in trying to prove your claim.
There are two main challenges that often present themselves in food poisoning cases:
- Trying to prove the food poisoning came from the workplace.
- Trying to prove that it was the food that made you sick, not something else. The problem with food poisoning is that it can be slow to manifest and may not show up for a day or so after ingestion.
If you got a case of food poisoning from work, chances are you aren’t the only one. Ask around and find out if anyone else got sick. The more cases there are, the less likely the claim will be rejected. It is important to consult with a lawyer about food poisoning workers’ comp claim because it can be a particularly complicated claim. A lawyer will help you understand your rights and make sure they are protected.