Amelia – It’s hard to draw a direct comparison because the scenario you describe is so at odds with how a similar situation would be handled here.  In addition to workers’ comp varying state to state, different health care systems have different approaches to dealing with the issue as well.  Here, of course, workers wouldn’t have to leave the country, and in most instances probably wouldn’t have to leave their jobs or could certainly find alternative work.

The best comparison for your purposes is probably with a compensable total and permanent disability case due to, say a work related back injury.  Even though your hypothetical case most certainly has an earning capacity, he or she is effectively totally and permanently unable to work in  Qatar.    Again, how permanent and total disability cases are handled varies quite a bit from one state to another.  Here in the People’s Republic of Massachusetts, such a totally disabled worker would either get paid 60% of their salary tax-free for the rest of his or her life (not just to age 65), or perhaps more likely, a lump sum settlement would be reached based on an actuarial analysis of their wages, age and life expectancy. 

Hope that helps some. 

Jim

James Garb, MD FACOEM

Medical Director Occupational Health Services

Cape Cod Healthcare

Hyannis, MA

From: MCOH-EH [mailto:mcoh-eh-bounces+jimgarb=comcast.net@mylist.net] On Behalf Of Amy Olson
Sent: Wednesday, February 24, 2016 7:25 AM
To: mcoh-eh@mylist.net
Subject: [MCOH-EH] Blood Borne pathogen seroconversion

Hello Colleagues,

I am working in Qatar and am refining our procedure on employee exposure to communicable disease. In this country, if one tests positive for HIV, even in a work-related situation, their resident permit is revoked and they will have to leave the country. 

In the unlikely event that this would occur at our facility, I would like to have something reflecting appropriate compensation. What I am looking for is resources that would help describe what this looks like in the US. I know that the detail will vary state by state, but I'm thinking there is a broad brush answer that can help guide further discussion.

To be sure I am asking the question correctly, I would use the following example:

John or Jane has an exposure incident in the OR and they follow the appropriate protocol per CDC guidelines. The employee is negative at baseline and at the 6 week check comes back positive for HIV. The person is not disabled in anyway today, but they can no longer be in country. I need some guideline that would help us establish some framework for compensation. How is this generally approached in the US? The worker at the time of injury is healthy and can be that way for a very long time.

The work injury rules here are very much targeted to laborers. There is no communicable disease on the worker injury/illness fee schedule.

If this were to happen to our employee, they would have to leave within 7 days of notification and return to their home country with no job and an HIV infection.

Thank you,

Amelia Olson, BSN, MS, COHN-S

Director, Occupational Health

Sidra Medical and Research Center