Legal Question in Workers Comp in California
I was working on a farm and got bit by a mosquito. I contacted West Nile Virus, Is this a workmen's compensation case?
2 Answers from Attorneys
It is difficult for me to determine whether you missed typed your zip code, or whether you're on east coast. Assuming for a moment that you are in California, I believe that your West Nile Virus is work-related. If you are in another state, please check with a local attorney as he/she could advise you further.
If you can PROVE you contacted West Nile from a mosquito on the farm, then YES this is a WORKERS' COMPENSATION claim.
Are you living and working on the farm? Have other workers there contracted West Nile? Have mosquitos carrying West Nile been trapped there ? Are there lots and lots and LOTS of pools of standing water for mosquito breeding on this farm?
BUT: Are there ANY puddles of standing water at your house or where you shop or visit?
If you ever left the farm , how will you prove that the mosquito that bit you was on the farm or off the worksite, biting you on your personal time (away from the job)??