Workers’ Compensation for Food Poisoning

Did you know that 48 million Americans contract food poisoning per year? Nearly 3,000 people die from severe food contamination. Whether you’re suffering from nausea, weakness, vomiting, or even organ failure, you could be eligible for workers’ compensation if the contaminated food is considered work-related. Contacting an experienced workers’ comp attorney can help make sure you get the compensation you deserve.

Am I entitled to workers’ compensation benefits?

Any work-related injury is generally covered by workers’ compensation insurance. However, some injuries are easier to prove than others. For example, back injuries can easily be linked to work activities. On the other hand, proving that food poisoning is work-related can be tedious. Specific laws can also complicate things further. The following factors will be considered when determining if your food poisoning is work-related:

Did your employer provide the food as part of your wages?

If a certain amount of your wages is deducted for food during employment, or if your employer supplied the food to you as part of your wages, you could be eligible for workers’ compensation. This means that if you got food poisoning while eating leftovers from home, you are not eligible.

Did you contract food poisoning while you were on an official “food break”?

If your employer gives you specific time off for meals and you purchase food or drink from the company during this time, you could be eligible for workers’ comp. If you are not given official breaks for meals and if you are not given food as a condition of employment, you will not be eligible for benefits.

Was the cafeteria strictly for employees only?

If the cafeteria or foodservice that provided the contaminated food is only available to employees, then you could be eligible for workers’ comp. If the food service is open to the public, then the food is not considered work-related.

Do I need a workers’ comp attorney?

While it’s not required that you work with an attorney, it is highly recommended. Work-related food poisoning cases are highly complex and challenging. Luckily, our skilled workers’ comp attorneys at Powers & Caccavale are here to help you achieve the best possible outcome. Contact us today by filling out our free case evaluation or by calling us at (617) 379-0016.


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