Employment Law

Memorandum: Employer Provided Vaccination Programs and Compensability under the Pennsylvania Workers’ Compensation Act

There is no Pennsylvania Commonwealth Court or Pennsylvania Supreme Court case law on the question of the compensability of an “injury” sustained as a result of an employer administered vaccination program, regardless of whether the program is voluntary or mandatory.  However, there are several cases on point before the Pennsylvania Workers’ Compensation Appeal Board.  The cases indicate that where the vaccination program is mandatory, then finding that the injury was in the course and scope of employment is basically automatic. Where the vaccine was administered by the employer through a voluntary vaccination program, the question turns on whether or not the employee was furthering the interests of the employer by voluntarily agreeing to an employer administered vaccination.