12-28-2020; PART TWO--Trying to make sense of COVID -19 Vaccinations--Ending the Great Pandemic of 2020; Comments from Gene to Another IL WC Blogger and more

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Synopsis: PART TWO--Trying to Make Sense of Covid-19 Vaccinations—Ending the Great Pandemic of 2020. Last Blog of 2020!!!

 

Editor’s comment: More Simple Common Sense Thoughts From Gene Keefe for U.S. Risk/HR managers, claims handlers and all our readers of the KCB&A Update.

 

  1. Please note Dr. Fauci and everyone in the world of “pandemic-a” are sure we can live with masks and gloves and washing our hands for years to come if we don’t buy into the vaccines.

  2. There are some folks that I can only characterize as “anti-vaxxers” who are worried if you get a shot, you might turn into the Hulk, Frankenstein or a werewolf. There is no evidence anywhere that indicates your genes or DNA will change if you get the shots.

  3. Learn about “Operation Warp Speed.” For all of our readers, we can and will attack this virus and end the Great Pandemic of 2020, I am hoping by no later than April Fool’s Day.

  4. Details on OWS or Operation Warp Speed are online at https://www.hhs.gov/coronavirus/explaining-operation-warp-speed/index.html

  5. Our government is spending literally 10’s of Billions to get safe vaccines out to every American who will use one. I salute my sister Ellen who already got the first vaccine shot and is going to get the next in about three weeks. Yes, her arm was sore and she got over it!!!

  6. Current U.S. population is about 328M. We have almost 19M cases of Covid-19 and about 320K deaths. Americans have to get together, like we did after we were attacked at Pearl Harbor and sign up and stop this craziness. Get two shots!!!

  7. We need every American to join in Operation Warp Speed to get the word out to family and friends—everyone needs to get the vaccine as soon as it is available to you.

  8. I am sure from reading about thousands of test cases--if you get the vaccine, you are going to be immune at a 19 out of 20 rate at least. Thousands of test cases were analyzed and considered.

  9. Please expect lots of government officials and other folks in the public eye to get the vaccination. Lots of folks—that I call “watchers” may wait a month to be “safe” and insure they aren’t the first—that is fine but plan for the first shot in a month and get it!!

  10. I told my readers: “Immune” means you can’t get Covid-19 from others and they can’t get it from you. I want to apologize and confirm I have been advised by Scott G, one of my great readers that we need to keep the masks and gloves and washing stuff until the Feds tell us to stop. Someone in the medical industry is going to give us the “all clear” and we need to wait and listen for it!

  11. You should strongly encourage EVERYONE in your workforce to get the shots, so all of your co-workers can’t get the virus.

  12. You aren’t getting COVID-19 bugs injected into you if you get the vaccine—you are getting a very complex drug to kill and make you immune from the COVID-19 bug.

  13. COVID-19 vaccines will not cause you to test positive on COVID-19 viral tests, which are used to see if you have a current infection.

  14. If your body develops an immune response, which is the goal of vaccination, there is a possibility you may test positive on some antibody tests—you want to test positive for antibodies! Antibody tests indicate you had a previous infection and that you may have some level of protection against the virus.

  15. Due to the severe health risks associated with COVID-19 and the fact that re-infection with COVID-19 is possible, people may be advised to get the COVID-19 vaccine even if they have been sick and treated for COVID-19 before. At this time, experts do not know how long someone is protected from getting sick again after recovering from a bout with COVID-19. The immunity someone gains from having an infection, called natural immunity, varies from person to person. Some early evidence suggests natural immunity may not last very long. The CDC won’t know how long immunity produced by vaccination lasts until there is more data on how well it works. Until then, they are recommending EVERYONE 16 and over get the shot. (Pregnant ladies are supposed to talk to your doctor first).

  16. Why two shots? Well, after the first shot, the scientists feel you are safe from Covid-19 in a week or so but the second shot greatly improves your lasting immunity. Yes, lots of folks skip the second shot which leaves them less safe. Don’t take a chance and be in the headlines. Get both shots and be super-safe!

  17. About 15% of folks experience soreness, fatigue, mild issues the day after the shots. Consider planning for a day off—or get the injection on a Friday!

 

Please, please get on this. We have to stop the craziness in Washington and around the globe. If we don’t get together, the concept of herd immunity may take us into 2023 or 2024 with masks and gloves and a sick and sorry economy.

 

Can We Force or Fire a Worker to Insure They Get the Shots?

 

I told you last time and I am telling you again, as a veteran lawyer, I vote no. If you force or fire workers who won’t get the shots, they can

 

  • File an EEOC or IDHR beef against your company.

  • Directly sue in Circuit Court In Illinois or

  • Go through the EEOC or IDHR process that may result in a “right to sue” letter from the Feds or State.

 

If your company ends up in court in a fight over this issue, one of the unusual aspects of such litigation is, if Claimant is awarded a couple of bucks, you can owe all of their attorney’s fees and costs. Plaintiff attorney’s fees in such claims can be well into the hundreds of thousands of dollars. For that reason and various other reasons, I don’t feel comfortable telling clients and potential clients it is a good idea to fight with their workers to force them to be vaccinated.

 

The vaccines are coming soon to a hospital or drug store near you. Sign up yourself. Put up signs or lapel pins or whatever you have to do to let the “watchers” know you got the shots and you are still tough and fair in handling your WC claims.

 

Remember if you don’t get the shot, you can eat outside in the cold and crab about the sanctity of your DNA and whatever. I appreciate your thoughts and comments. Please post them on our award-winning blog.

 

 

Synopsis: Gene’s Comments on Another IL WC Great Blogger’s Concepts for The Trade.

 

Editor’s comment: A reader recently sent Attorney Mike Helfand’s blog from a year ago this coming week. Mike is a solid and devoted advocate for injured workers. I wanted to share my thoughts on some of his concepts for you. Woodruff, Johnson & Evans is also doing a great blog and is a solid source for everyone on all sides to read.

1. Illinois work comp is a no fault law. You don’t have to show anyone was negligent if you get hurt on the job. Gene’s thoughts—there are cases where your workers can’t figure out how they got injured—that may result in denial. There are also cases where the workers unreasonably endanger themselves, resulting in denial. While I agree with Mike for the most part, the burden remains with the IL worker to document a work-related event.

2. It’s a felony for an employer not to have workers comp insurance if they do business in Illinois and have employees. Gene’s thoughts—please memorize this statement. Mike is completely accurate. There are criminal charges and massive fines for operating a company in Illinois without WC insurance coverage. If you need help or want to discuss, send a reply.

3. You are eligible for work comp the moment you start working. Gene’s thoughts—Mike is right, I have one client who got mad about a short-termer who filed a claim, it isn’t a defense that the worker has only been around for a short time. Please don’t shoot the messenger!

4. If you need medical treatment, 100% of your care needs to be paid for. No co-pays or out of pocket expenses. Gene’s thoughts—some day the business community in IL may want to revisit this but right now, Mike’s right.

5. You get to choose your own doctor for treatment. Gene’s thoughts—Mike’s right, “ish.” I suggest all the IL claims adjusters who read this consider UR and IME’s to slow the unfettered level of medical care in some IL WC claims. I have one claim where Claimant got “trigger point” shots—what a complete hoot… Please UR requests for trigger point shots and discograms and medial branch blocks and other medical silliness.

6. Lawyer fees in almost every case cannot exceed 20% of what is recovered for you. Gene’s thoughts—yep.

7. Almost every case is worth something. Gene’s thoughts, as I said above, someday IL WC has to have a filing fee or something to slow the idea of having Claimant lawyers file completely hogwash claims and then try to get high nuisance value for baseless stuff.

8. What your case is worth depends on how severe your injury is, the treatment you have, your wages, your recovery, your age, the future treatment you might need and many other things. Gene’s thoughts—Mike is right a year ago and right now.

9. Once you settle, you typically lose your right to more medical care. Gene’s thoughts--That is how IL WC works. Mike is again correct.

10. If you go to trial and win, you get medical benefits as relates to that injury for life. Gene’s thoughts—see number 9 above.

I appreciate your thoughts and comments. Please post them on our award-winning blog.