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  1. #1
    Patty13 is offline Junior Member
    Join Date
    Dec 2009
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    Injured during blood donation

    What is the name of your state (only U.S. law)? New Jersey
    I donated blood at an employee sponsored blood drive and was injured by an inexperienced phlebotomist. I immediately informed her that she was hurting me but she continued to move the needle all around and try to finish the donation. Immediately following the donation and every day since I have been in constant pain. I was diagnosed with superficial thrombophlebitis. I think it might be even more severe than that. I think they may have nicked my nerve. I do not know what recourse I have to recoup the 4 days of work I have missed over this incident. Is it a workman's comp case or is it a American Red Cross case. I have reported the incident to both parties but both parties do not seem to care that I am injured and can't perform my job.
    What can I do?What is the name of your state (only U.S. law)?
  2. #2
    las365 is offline Senior Member
    Join Date
    Jul 2007
    Posts
    2,926
    I assume you meant it was an employer-sponsored blood drive. Did your employer require you to donate blood? Workers compensation is intended to cover injuries that occur in the course and scope of your employment. I don't think this incident would be covered, but I suppose under an extremely generous interpretation, it could.

    What are your symptoms? Who diagnosed superficial thrombophlebitis? What were you told is your prognosis? Missing four days of work seems a little extreme for this kind of injury. How much are your medical bills?

    How do you know the phlebotomist was inexperienced? Was anyone else injured?
  3. #3
    NLW
    NLW is offline Member
    Join Date
    May 2008
    Location
    Midwest
    Posts
    276
    Even if this case were covered under workers' compensation (which we would need answers to the questions posted by las365 to determine), you would not be compensated for the 4 days you've missed from work. Under NJ workers' compensation law, the first 7 days of disability are not paid unless you miss a total of 8 or more days.

    It is unclear to me why you would not be able to work. Has a doctor taken you off of work?

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