Can You File a Claim for COVID-19 Vaccination Mandates at Work?

According to the Equal Employment Opportunity Commission, employers are allowed to mandate vaccines for their employees as long as they accommodate things like religious beliefs or workers who might not be able to get the vaccine for health reasons.

Some workers have attempted to sue their employers over vaccine mandates. A lawsuit filed in the Southern District of Texas against Houston Methodist Hospitals is one such example. The case was brought by 117 employees who argued it was illegal to force them to get vaccinated to keep their jobs. Their case claimed the vaccine was experimental, making it dangerous. The judge decided that claim was both false and irrelevant, and dismissed their case. In Texas, employers can fire employees for failing to fulfill their job duties – unless the employee is refusing to do something illegal. Getting vaccinated can’t be interpreted as being forced to do something criminal.

Twelve state attorneys general – including Georgia’s attorney general – have sued the federal government over the Centers for Medicare & Medicaid’s COVID-19 vaccine mandate for health care workers. This lawsuit was in addition to a previous challenge filed by ten other states a week prior.

The CMS mandate is separate from the OSHA mandate that would apply to businesses with more than 100 employees. Challenges to the OSHA order are expected to head to the U.S. Supreme Court.

Can You File a Workers’ Comp Claim Over the Vaccine or Negative Effects From the Vaccine?  

You can’t file a workers’ compensation claim over a vaccine mandate at work. You might be able to find a civil rights attorney to represent you in a lawsuit if you’re claiming your employer is penalizing you for not getting vaccinated despite having a legitimate religious or medical reason to not receive the vaccine. However, according to the federal government, your employer is allowed to require you to get vaccinated.

Some state legislatures in the United States are attempting to pass laws that prevent employers from imposing vaccine mandates on their employees. One state senator from Alpharetta, Georgia has suggested that he will draft a bill for the 2022 legislative session to prohibit coronavirus vaccine mandates or vaccine passports for businesses and schools.   

Can My Employer Legally Fire Me for Refusing to Get Vaccinated?

In most cases yes – if it’s their company policy that all employees must get vaccinated, and you don’t have a protected exemption. They might also be within their legal rights to subject you to added safety measures if you refuse to be vaccinated, like forcing you to wear a mask in the office or be tested weekly.

Businesses have quite a few rights when it comes to protecting their employees and customers. They have a right to believe that exposing customers or employees to preventable cases of COVID-19 is bad for business in that it damages their credibility, productivity and profitability. Your employer can’t physically force you to get vaccinated, but they can fire you, force you to take unpaid leave or otherwise penalize you for refusing to comply with internal vaccine mandates.   

What Does the Equal Opportunity Commission (EEOC) Say About Company-Wide Vaccine Mandates?

The EEOC, a federal organization whose mandate extends from the Civil Rights Act of 1964, is the arbiter of what is considered impermissible or discriminatory in hiring, firing and business human resources practices. They most recently updated their COVID-19 Technical Assistance on October 25, 2021, when they reaffirmed their position. They’ve clearly come out in favor of vaccine mandates, saying requiring employees to get vaccinated is not a violation of equal opportunity employment laws.  

However, EEOC has also published updates regarding business retaliatory practices against workers who request accommodations due to things like their health or religious beliefs. That means there are potential scenarios where it is illegal for an employer with a vaccine mandate to retaliate against an employee who has a legitimate disability or is part of a protected group under the Civil Rights Act.

Can You Sue Your Employer If You Have Side Effects From a Vaccine They Made You Take?

No – for a couple reasons.

Your employer can’t force you to get vaccinated. You can choose not to get vaccinated, even if the consequence is getting fired or being subjected to other penalties. If you suffer vaccine side effects, it’s because you chose to get vaccinated.

Secondly, injury claims relating to vaccines are almost always paid by either the National Vaccine Injury Compensation Program or in the case of allergic or bad reactions to the COVID-19 vaccine the  Countermeasures Injury Compensation Program (CICP).

Vaccine companies can’t be held liable for allergic reactions or similar injuries. Instead, the government pays for damages through one of those funds.

If the vaccine maker made a mistake in formulating a batch of vaccines and their negligence caused your injury, the situation may be different. But bad reactions caused by normal, properly administered vaccines aren’t technically caused by the vaccine maker’s negligence.

Have You Been Injured on the Job in Duluth?

If you’re a Duluth area worker who has recently suffered an on-the-job injury, the Cotto Law Group is here to help. Workers’ compensation attorney Isaac Cotto understands that injuries, especially those that affect your ability to earn a living, can put families in severe financial jeopardy. You can trust our team to fight for the compensation or fair claim settlement you deserve.



Call us at (770) 817-7581 for a free case evaluation.