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Workers' Comp May Cover Smallpox Injuries in Some States
By Alicia Ault NEW YORK (Reuters Health) Jan 28 - Kentucky received word last week that its workers' compensation program will cover smallpox vaccine-related injuries, and several other states have issued similar preliminary advisories, state health officials said Tuesday. Health workers' unions, nursing organizations, and some hospitals have argued against starting the federal government's ambitious plan to vaccinate up to 500,000 volunteers until states and the federal government determined if workers' comp would cover injured volunteers. Vaccination began January 24, largely because liability protection for hospitals and vaccine manufacturers kicked in under the Homeland Security Act. But there has been no statement that vaccinated volunteers -- or family members or others who might be infected by the vaccine's live vaccinia virus -- would be protected. The House and Senate will hold hearings Wednesday and Thursday on the smallpox plan, and several Senators, including Massachusetts Democrat Ted Kennedy, have said they would consider introducing a bill to offer federal compensation. But in the meantime, states are moving ahead. The Kentucky Department of Workers' Claims issued a written opinion January 24 stating that smallpox vaccinations "have a direct benefit to the healthcare employer" and are being encouraged by the federal government, so "would be covered for purposes of workers' compensation benefits." The claim would still ultimately be decided by an administrative law judge, according to the advisory. The ruling was applauded by Cheryl Peterson, senior policy analyst for the American Nurses Association, but, she told Reuters Health, "it's not going to solve the whole issue." The ANA is concerned that absent a federal compensation law, there will be a patchwork of state solutions, some good and some bad. And, noted Peterson, workers' comp does not address other concerns, including who will compensate those secondarily infected by the vaccine. Peterson also said that some compensation programs were only offering oral and not written opinions, which she called "bothersome." Kentucky aims to vaccinate 20 state health workers on Thursday, and after several weeks of monitoring for side effects, to immunize up to 180 others, said Gwenda Bond, spokeswoman for the Kentucky Cabinet for Health Services. She said there has been no reluctance among volunteers so far, but says the state won't be disappointed if it doesn't use all 200 doses. "We're not concerned with hitting any certain number," said Bond. "This is totally voluntary, and if people have any concerns, they shouldn't be vaccinated." New Jersey aims to vaccinate 100 workers on Friday, and has been approved to immunize up to 9,500, said spokeswoman Donna Leusner. The state has received a preliminary -- but not final -- opinion that workers' comp may cover vaccine-related injuries, Leusner said. In Iowa, which aims to immunize 16 state health workers and 44 hospital volunteers next Tuesday, state employees have been advised that vaccine-related injuries will be covered by the state workers' compensation fund, health department spokesman Kevin Teale told Reuters Health. The state told hospital volunteers to check with their employers and health insurers on coverage, Teale said. Iowa asked every one of its 140 hospitals to volunteer candidates for vaccination. Fourteen facilities agreed, and workers at those hospitals will start receiving shots later in February, Teale said.
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