Job related illness?

[ktal]

What is the name of your state? Texas

Employee (parking lot security guard) working at a doctor's office had a friendly conversation with a patient leaving the clinic who allegedly has TB. The doctor's office suggested our employee be tested (he was - negative), but they suggest he do some treatments (I don't know what that entails). Is this a job related illness? Are we liable to pay for his treatment and testing? Thank you.

 

[cbg]

What did your workers comp carrier say when you asked them?

 

[ktal]

At present we don't carry work comp.

 

[cbg]

Ah. I realize that Texas is one of the very few (I think it's only two) states that does not require it, but this is one reason why it's a good idea; they can be used to not only make this kind of decision, but be the heavy as well. "I'm sorry, but our workers comp carrier says we CAN'T pay for that..."

Here is my personal opinion for what it's worth; if you are requiring the employee to follow through on the treatments, then you should be responsible for the payments. If whether or not to take the treatments is up to the employee or not, then he should pay for them (or his insurance should).

If he's already tested negative it would seem to me that further treatment would be overkill, but I'm an HR consultant, not a doctor.

 

[ellencee]

Further treatment, actually it is prophylactic treatment for the prevention of developing and spreading TB, is necessary--especially since the MD who treats the patient stated it is necessary.

I could tell you a true story about an EMT who declined prophylactic treatment following exposure to TB because he had had a vasectomy...

EC

 

[ktal]

Thank you for your responses. I just found out that the entire doctors office was tested (including our employee) and all doctors employees were negative. Our employee, however, tested positive as a carrier of TB. The patient who allegedly had TB was found to be negative as well. So apparently our employee has had this for a while. So we should be clear. Again, thank you all. Very helpful!