I work as a dishwasher in a family-owned pizza restaraunt. One of my coworkers wiped a cut with a rag, getting a significant amount of blood on the rag. I have half a dozen rags go my way a day, so I picked it up before I see blood on it and get blood in an open cut. I washed my hands within about a minute of the incident, and within three days I went to the doctor. They ran some blood tests for legal purposes (to show I have no blood transmitted disease before this point) but until January I won't be able to run a test that will have conclusive results.
Now, my coworker refuses to get tested under any circumstances. My boss made no disciplinary action, and absolutely refuses to pay for medical bills under South Carolina guidelines as he is required to. Now, my insurance company is pressing the issue since it was a work-related incident and is probably going to refuse the claim.
2007-09-20 03:38:30 · 6 answers · asked by Mistur_Wiggles 1 in Politics & Government ➔ Law & Ethics
The cuts were on my hand because of the normal course of my work. Dealing with blood is definitely not in the normal course of my work. Neither of us were given training on handling biohazardous materials (I have received training outside of this job, but the coworker did not.) Also, the coworker was a cook, who at the time was doing prep work with a still bleeding hand. Now...
Legally, in South Carolina, what should I do when denied State Industrial Insurance?
What does worker's compensation cover?
How worried, medically, should I be worried about the blood contact?
Am I under an obligation to report these kind of unsanity procedures to OSHA?
We don't have incident reports, nor do we have our legal rights posted. On the contrary, the business works hard to make sure we don't know our rights in these matters. Also, my boss makes himself extremely hard to approach on such matters. I wasn't able to tell him for three days. Does this make a difference? Thank you for your time.
2007-09-20 03:43:40 · update #1
Contact the OSHA or labor department office in your area or by phone and file a report against your employer. You can also contact the CDC, which might have the tools to force the other worker to get tested, especially if you were infected with something.
2007-09-20 07:16:32 · answer #1 · answered by Hillary 6 · 0⤊ 0⤋
You'll have a tought time proving you didnt have any disease prior to the recent blood test if it comes back positive for something. Unless the rag was dripping wet with blood you probably didnt get any in your cut. How many hours had the blood been soaking into the rag before you touched the it? Why are you working with an open wound in a food service establishment? If you get a positive result how will anybody be able to determine that you didnt get it from a customers dirty dishes. If anything you are exposing the customers to body fluids by handeling clean dishes with an open wound present. If I were the boss I'd fire ya. Your whinning about something that your are guilty of also. You are exposing many customers to as you call it a "biohazard".
2007-09-20 10:55:05 · answer #2 · answered by MyMysteryId 3 · 1⤊ 0⤋
I think you have successfully managed to make a mountain out of a mole hill.
Congratulations.
There wouldn't be an incident report since you were not the one injured. Touching blood is not an "incident" nor is it an injury.
There is nothing to turn in on comp and if I were you're boss and you pushed it you would be looking for work.
As a dishwasher you handle silverware that has been put in people's mouths as part of your work but that doesn't concern you?
There was no incident to report- your overreaction is all on you. Break out your check book
2007-09-20 10:51:47 · answer #3 · answered by tnfarmgirl 6 · 2⤊ 0⤋
the likely hood of you getting anything is very slim chill out. if your uncomfortable quit the job and move on with your life. you shouldnt have been using a rag someone else had already used. in the first place.
2007-09-20 10:47:14 · answer #4 · answered by kleighs mommy 7 · 1⤊ 0⤋
Workmen's comp laws cover this, may be violatons of OSHA law, you would need to file a complaint Medically, done everything, very low risk of getting a disease.
2007-09-20 10:44:26 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Medically? i'd relax...as someone that has been elbow deep in blood many more times than i care to remember...the exposure you recieved is very insignificant. Cool out, have a beer
2007-09-20 10:44:42 · answer #6 · answered by Anonymous · 2⤊ 0⤋