QUESTION
curious if I can sue previous employer for contracting MRSA
Asked on Oct 26th, 2012 on Labor and Employment - Pennsylvania
More details to this question:
I was employed by a nursing home in 2010. I was diagnosed with MRSA in March 2010. Upon being diagnosed, I was informed by coworkers that atleast one resident possessed Staph infections. At no point was I informed by my employer that this was present and no extra protective measures were encouraged. My employer also possessed the knowledge that I had Multiple Sclerosis and my immune system was more susceptible to diseases. Do I have grounds to sue? I am dealing with another MRSA outbreak and will for the rest of my life.
1 ANSWER
Litigation Attorney serving Media, PA
at
Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C.
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If you contracted an occupational disease while in the course and scope of your employment, and you can prove that is where the MRSA originated from (as opposed to having contracted it somewhere else), then you may be eligible for workers' compensation benefits for that injury. However, you are prohibited from suing your employer for negligence as the result of a work-related injury in PA. Your exclusive remedy is seeking workers' compensation benefits.
If you would like to discuss your situation in more detail, please feel free to contact me directly at mdavey@eckellsparks.com or at 610-565-3700.
Michael J. Davey, Esquire
Eckell, Sparks, Levy, Auerbach, Monte,
Sloane, Matthews & Auslander, P.C.
344 West Front Street
Media, PA 19063
Answered on Oct 31st, 2012 at 10:22 AM