Question: We hope that the COVID-19 vaccine is effective and safe. If either the Moderna or Pfizer vaccine actually harms someone for 24 hours of nausea, fever, headache, or even worse (blindness, loss of motor function, or death), sue the company. Can you do it?
A: Before I answer, it’s important to note that both Moderna and Pfizer vaccines have been found to be safe. Unmatched degree, Some scientists say. No is 100% safe, but because the human body reacts differently US Centers for Disease Control and Prevention It states that serious side effects are extremely rare.
We are a litigation society now. We have a well-established liability law for unsafe products, not to mention negligence that causes damage to others. However, with regard to the Moderna and Pfizer vaccines, US Secretary of Health and Welfare Alex Azar has invoked the Public Preparation and Emergency Preparation Act. This is a law enacted in 2005 that empowers companies such as Modana and Pfizer, which manufacture or distribute important medical supplies, to provide legal protection. However, unless there is “intentional fraud” by the enterprise. Currently, protection will continue until 2024.
Question: Will my employer require me to get the COVID-19 vaccine?
-CM, Huntington Beach
A: Your employer may request you to be vaccinated against the FDA-approved coronavirus only if: (b) Reasonable accommodation is provided with respect to disability or truly retained religious beliefs or practices. (c) There is no retaliation against anyone engaged in protected activities, such as a request for reasonable accommodation. Employers can argue that some measures cause unreasonable difficulty or are unreasonably burdensome. Each situation is evaluated based on their respective benefits. Also, if an unvaccinated person poses a “direct threat” to the health and safety of other workers, the employer can exclude the employee from the workplace. Again, even if such a threat is real, employers need to carefully assess the facts of each employee’s situation before making a final decision.
Ron Sokol is a Manhattan Beach lawyer with over 35 years of experience. His column, published Wednesday, outlines the law and should not be construed as legal advice. If you have any questions or comments, please email us at email@example.com.
Can my employer require me to get a COVID-19 vaccine? Ask the lawyer – Press Enterprise Source link Can my employer require me to get a COVID-19 vaccine? Ask the lawyer – Press Enterprise