What are my rights if my employer did not disclose the medical history of patient who I cared for who has now possibly exposed me to a communicable disease?

I was hired last week as a caregiver and the company for my first client failed to disclose that a client had been treated for a communicable disease and possibly exposed me to this disease. I asked my supervisor regarding this matter the following day, because I had a night shift and was not able to reach her prior and she stated she was unaware and called her supervisor. She called me back stating that her supervisor knew but that I was not at liberty to know such information. The client has been treated but can still be a carrier. I now have to be tested. Did they act negligently? What can I do now?

Asked on May 12, 2016 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have not been infected, there is effectively no cause of action or viable legal claim: you can't sue for what might have happened, but only  for what did
If you are infected, then they may be liable for any medical costs you incur and, if the disease causes some long-term consequences, life impairment, disability, etc., some amount for "pain and suffering": that is because it most likely is negligent to not provide you the warning, training, and/or protective clothing, etc. that would have let you protect yourself.
You need to wait to see if you are infected and, if so, the cost to treat and effect on you, before deciding whether or not to sue.

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