Can I Make a Workers’ Compensation Claim if I Get Food Poisoning at Work?

Employees can face several risks and dangers at work. From inclement weather and repetitive lifting, to chemicals, crime, heavy machinery, and more, the list of possible dangers is quite broad, and can happen among a wide range of industries. Although the risks for many professions are quite obvious, any place or position of employment can pose certain dangers. One such danger can be food.

One might not generally think that the food they eat at work can put them at risk of getting sick, but the truth is, food poisoning is a very common illness that can cause severe symptoms and high levels of pain for several days or worse; and it can be easily contracted in a workplace setting given certain circumstances.

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Were You Performing Work-Related Duties?

Sure, there’s is always a risk of getting hurt or being involved in an accident when you step out into the world. But when it happens while you are at work, you may be entitled to compensation for your losses and damages, so long as the injury occurred while you were performing work-related duties. In the case of food poisoning, the contaminated food or drink must have been consumed while you were doing something for work. Because if you were not performing work-related duties while consuming the contaminated food that caused you to develop food poisoning, then you would not have a valid workers’ compensation claim; or, it would be extremely difficult proving that you do.

It can be confusing to understand what constitutes “at work” or “performing work-related duties”, so it is important to contact an experienced personal injury lawyer to determine if your workers’ compensation claim is a valid one or not. They have the resources, knowledge, and experience to assess your case for validity and implement the best strategies for financial recovery. There are 3 helpful examples in which food poisoning would be a valid workers’ compensation claim, and a few more in which it would not.

Examples of Valid Workers’ Comp Claims for Food Poisoning

The contaminated food or beverage must have been consumed while an employee is either performing or participating in work-related activities. Here are some examples below for a better understanding of when food poisoning may be work-related:

Your employer benefited from you eating the food. If your job is to taste food, and your employer benefited from you tasting and eating the food you ate, then you could have a valid workers’ compensation claim. This could apply to food critics, food bloggers, restaurant cooks, servers, bartenders, and other vocations in which food tasting would be common part of the job.

Your employer provided the food. If your employer supplies the food that caused you to develop a food-borne illness, you could easily have a valid claim. For instance, if you were attending a mandatory paid work meeting that the employer had catered, and the food gave you food poisoning, it could be a valid workers’ comp claim. In contrast, if you get sick from your own food you brought from home and ate at your desk, you would not.

You developed food poisoning from a workplace cafeteria that is for employees only. Some workplaces have cafeterias that are strictly for employees to eat in, while others may have one that is open to the general public and employees. If you develop a food-borne illness in a cafeteria setting that is provided by the employer strictly for employees, you could have a valid claim. If the café is public, you would not.

Get a Free Consultation With an Indianapolis Workers’ Comp Lawyer Today

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with a workplace injury claim in Indianapolis, Indiana. Our seasoned workers’ compensation lawyers can help you recover the full and fair compensation you deserve after suffering a serious injury while performing work-related duties. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your consultation before the statutes of limitations runs out on your claim. We represent injured persons throughout the State of Indiana.

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Your Rights as a Victim of Food Poisoning

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

Food poisoning is an aggressive illness that occurs when a person ingests tainted or contaminated food. Tainted food is any food or beverage that contains bacteria, virus, parasites, or toxins. Ingestion of these contaminants results in extreme gastrointestinal illness involving high fever, nausea, vomiting, diarrhea, dehydration, chills, and weight loss. These symptoms are your body’s natural response to eliminating the toxins as quickly as possible. The extent of these symptoms depend on the severity of the condition.

There are minor food poisoning cases that last for a few short hours, or perhaps overnight, but there are often serious cases that can last for days and even lead to hospitalization. Whether you have been a recent victim of food poisoning or not, you should know your legal rights in the case that it does happen to you. Continue reading to learn what you can do if you ever become a
victim of serious food poisoning.

Food Borne Illness

There are several reasons why food can become contaminated. Everything from improper handling to cross contamination can lead to food or water being tainted. The common types of food poisoning include salmonella, E. coli, Listeria, Botulism, Campylobacter, Hepatitis A, and Norovirus. Minor cases will result in one day’s worth of nausea, stomach cramping, and perhaps limited vomiting and diarrhea. But more severe cases will results in high fever, extreme stomach cramps, dehydration, and on-going vomiting and diarrhea. Major cases generally last for more than one day, as well.

Advice for Victims

If you ever think you might be feeling the symptoms of food poisoning, it is important to think about your health first. Seek medical attention as soon as possible. While getting medical care, have your doctor confirm the illness by taking a stool sample. This, as well as your medical record, can be used as evidence of the contamination and negligence that caused your suffering. If you do not have the illness confirmed by medical testing, you can lose your legal rights to compensation for your losses.

It is also important to keep track of all your symptoms and the times and dates you experienced them so you have a record. It is also wise to keep a sample of the contaminated food for further confirmation and evidence. Once you have received medical care for your illness, it is time to hire a personal injury attorney who can protect your rights as a food poisoning victim.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience, and will work around the clock to recover the full and fair amount of compensation you deserve after suffering an injury that was no fault of your own. We provide free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 to get started, today!