Report: FDA Approval of Vaccine Opens Door to Coverage for Adverse Reactions

Wednesday, August 25, 2021 | 0

The U.S. Food and Drug Administration’s approval of a COVID-19 vaccine opens the door for employers to require vaccinations, as well as the possibility that workers’ compensation would likely have to cover adverse reactions suffered by an employee complying with a workplace mandate, according to a report in the Denver Post.

The FDA on Monday fully approved Pfizer’s vaccine, which was previously allowed under an emergency use authorization status, which was sometimes cited in lawsuits alleging employers can’t require workers to receive a vaccine the FDA didn’t unconditionally approve.

Christine Samsel, an employment law attorney at Brownstein Hyatt Farber Schreck in Denver, told the Post that her firm was waiting for full authorization before advising employers that they are legally permitted to mandate vaccination.

Samsel also said that while adverse reactions are rare, if they occur in the context of complying with a workplace mandate, they would be covered by workers’ compensation.

“Now that it is fully approved, it is treated as the flu vaccine,” she said. “It would be covered in my legal assessment.”