Thanks for all the inputs. I would like to keep you posted so far. I have contacted the insurance (All State Farm). Followings are few things I got from them. 1. As an employer, I do not have right to deny any access to the Worker's Comp Insurance nor any decision making process. It is a legal benefit to employee. However the employer who has insurance has to initiate the claim. 2. The employee who is seeking benefit has to prove it is work related. 3. In the State of Virginia, it is not only injury but also any incident including catching an infection from work related are qualified for claim. The department of Labor at the State of Virginia is one of the liberal? state. I was told that they are very employee biased. After all it is there to protect them. Where is Cuccinelli!-just kidding!. 4. Once it is determined compensable, 2/3 of missing work days will be paid by emplyee's own pay rate but the employee has to miss more than 7 working days from the cause. If less than missing 7 days no pay at all. (This almost promote not to come to work!). And all the expenses related to the cause such as doctor's bill, drugs, co pay, transportation, and etc. It has been claimed and I will let you know how it comes around. Wahn Khang, D.M.D. Diplomate, American Board of Periodontics Clinical Assistant Professor, University of Maryland, School of Dental Surgery Perio Implant Center 11866 Sunrise Valley Dr. #101 Reston, VA 20191 wkhang@xxxxxxxxxxxxx tel) 703-648-0500 fax) 703-648-1600 www.perioimplantcenter.com On Wednesday, November 13, 2013 8:11 PM, Peter Kwon <pkwon001@xxxxxxxxx> wrote: hyung, I agree with others in saying that you should speak with your insurance agent since they would have had other incidents like this. I don't think she would be able to claim it through your worker's comp without a proof that she was infected due to her job. Especially if no one else in the office or any of the patients were also infected. What her doctor told her was that it MAY have come from work. It's speculation and unless they have evidence, I can't imagine the insurance company paying the claim. They can speculate all they want, but it could've come from anywhere. i.e. you can speculate you got the flu from your patients, but it could've come from your kids, shopping carts, door knobs, etc. Even if she claims through insurance and they pay for it, unless you have history of multiple claims, it should not increase your premium much if at all. Personally, I would just contact my agent and let them handle it. Peter On Nov 13, 2013, at 8:20 AM, wahn khang wrote: Dear members, > > >I have some questions and if you can help me out. It would be great. > > >Over the last 2 weeks, one of my assistant became sick and missed 3 working >days. The diagnosis is Staph infection and given antibiotics however she >developed allergic reaction to that particular antibiotics and after different >set of drug she is better. Now she wants to clim through the Worker's Comp >since the REAL DOCTOR, the infectious disease specialist has stated it may >come from the work and patients we see(??). > > >What should be my position? Do I have say about her access to the Worker's >Comp insurance? I understand I am paying the premium but who makes a >decision? By the way, I provide the health insurance and no one else became >ill during that time. Am I going to be responsible for any type of infectious >illness like common cold as well? How does insurance determine if it is work >related sickness? > > >Thanks. > >Wahn Khang, D.M.D. >Diplomate, American Board of Periodontics >Clinical Assistant Professor, University of Maryland, School of Dental Surgery >Perio Implant Center >11866 Sunrise Valley Dr. #101 >Reston, VA 20191 >wkhang@xxxxxxxxxxxxx >tel) 703-648-0500 >fax) 703-648-1600 >www.perioimplantcenter.com Peter S. Kwon, D.D.S. 7970-B Old Georgetown Rd. Bethesda, MD 20814 301-657-9116 (work) 301-910-4675 (cell)