Should a person withhepititis Cbe allowed to work at a cosmetic counter?

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Should a person withhepititis Cbe allowed to work at a cosmetic counter?

She is touching people all day long without gloves and frequently bleeds at the counter. Would this be grounds for a class action suit seeing as the company is aware of this situation and is endangering the co-workers as well as the unsuspecting customer? She also uses the testers on herself without any sterilization.

Asked on September 27, 2010 under Personal Injury, Louisiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It would be advisable to notify the person in charge of the Department of Health in your city about this situation.

If anyone has become ill as a result of this situation, a claim should be filed with the company's insurance carrier.  When the person who became ill from the encounter with this employee is released by the doctor upon completion of medical treatment or reaching a point of being permanent and stationary beyond which no further improvement is anticipated, the person should obtain her medical bills and medical reports.  The medical reports will document the nature and extent of the injury and will be used to determine the amount of compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  The claim filed with the insurance carrier should include the medical bills, compensation for pain and suffering and any wage loss. Compensation for the medical bills and wage loss is straight reimbursement.  If the claimant is dissatisfied with settlement offers from the insurance carrier, the claimant can file a lawsuit for negligence against the store and the employee.  If the case is settled, no lawsuit is filed.  If the case is NOT settled, the lawsuit must be filed prior to the expiration of the statute of limitations or the claimant will lose her rights forever in the matter.

As for a class action, a court will determine whether or not a class action is appropriate.  A class action is filed when there are numerous similar claims and it is more efficient to handle all the claims as a class instead of as individual lawsuits. A class action may be appropriate here given the number of customers and co-workers who may have been exposed to hepatitis and may have exposed others.


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