Can I Get Workers’ Compensation If I Suffer From Food Poisoning On The Job?

No matter what line of work you’re in, odds are you face some on the job dangers, even if it’s just in the form of increased risk of carpal tunnel syndrome. However, there’s another aspect of our workday that can be hazardous to our health – our lunch.

You can’t earn workers’ compensation if you get food poisoning from food you brought from home, but there are some specific situations where you may be eligible to claim work comp if you contracted food poisoning on the job. Today, we take a closer look at when food poisoning is compensable under Minnesota workers’ compensation law, and what you should do if you’ve suffered on the job food poisoning.

Food Poisoning At Work

You might assume that food poisoning only hurts your stomach, but it can also have an impact on your wallet in the form of missed work and medical bills. If you believe you suffered food poisoning at work, you are within your right to seek compensation, but certain factors have to be present. If any of these factors were present with your situation, consider contacting a workers’ compensation lawyer.

Your Employer Supplied The Food – If your company supplied the food that led to your food poisoning, you may be able to secure compensation. However, if they provided a stipend that you used to purchase food on your own, then you won’t be able to get compensation. The food would have to be provided by your company, and you’d still have to prove that it was that specific meal that caused you to get sick. If others ate the same thing and did or didn’t get sick, it can work for or against your claim.

Your Employer Sold Food In A Cafeteria Strictly For Employees – If you have a cafeteria that is operated by your company and it solely provides food to employees, you may be able to file a valid work comp claim. However, if it is also open to the public, it likely wouldn’t be seen as an injury arising solely from your job-related duties. Similarly, if your business park has food trucks come in one day a week, and the public can also purchase food from these trucks at this time, you wouldn’t be able to get a work comp claim for any food poisoning you incurred.

Eating The Food Was Part Of Your Regular Job Duties – If you are a paid food critic or food tasting is part of your on-the-job duties, then food poisoning obtained through something you ate on the job would be eligible for workers’ compensation.

Applying For Workers’ Compensation From Food Poisoning

Food poisoning cases are somewhat difficult to prove, even if you meet the above criteria, and many people opt not to file for compensation because the illness usually passes within a day or two. However, if you end up with a serious illness or one that requires medical intervention, it’s worth talking with a workers’ compensation lawyer to explore your options.

If you are considering filing a claim, have the doctor be as specific as possible in their medical report about your condition, any symptoms you have, and what they believe caused the illness. This will help support your case in the event that you file a claim. You’ll also want to inform your employer about your intentions to file and have the injury documented on their end. Once this is complete, call up a workers’ compensation doctor in your area to learn more about the next steps.

If you want more information about food poisoning and workers’ compensation, or if you want to talk to a lawyer about your options, reach out to Dean Margolis today.