The Biden administration has quietly authorized damages to be settled with coerced vaccine takers if they suffer serious side effects under the still-unissued federal vaccine mandate. The clause was buried deep in documents in a Division of Federal Employees’ Compensation bulletin issued earlier in October.
“On September 9, 2021, President Biden issued an executive order mandating COVID-19 vaccination for most Federal employees,” the document states, although the pertinent OSHA regulation has still not been formally issued. “The order directed each agency to implement a program to require COVID-19 vaccination for all of its employees, with exceptions only as required by law.”
“The Federal Employees’ Compensation Act (FECA) covers injuries that occur in the performance of duty,” the bulletin goes on. “The FECA does not generally authorize provision of preventive measures such as vaccines and inoculations, and in general, preventive treatment is a responsibility of the employing agency under the provisions of 5 U.S.C. 7901. However, care can be authorized by OWCP for complications of preventive measures which are provided or sponsored by the agency, such as adverse reaction to prophylactic immunization.”
“Further, deleterious effects of medical services furnished by the employing establishment are generally considered to fall within the performance of duty,” the FECA announcement continues. “These services include preventive programs relating to health.”
“However, this executive order now makes COVID-19 vaccination a requirement of most Federal employment,” the FECA bulletin claims. “As such, employees impacted by this mandate who receive required COVID-19 vaccinations on or after the date of the executive order may be afforded coverage under the FECA for any adverse reactions to the vaccine itself, and for any injuries sustained while obtaining the vaccination.”
While civilians who voluntarily take the vaccines appear to have no substantive civil recourse, those who take it due to the announced but still-unissued federal vaccine mandate appear to have special privileges that the rest of America does not. The FECA bulletin then highlighted the following actions to be taken:
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1. Because COVID-19 vaccination is a specific event occurring during a single day or work shift, any adverse reactions or injuries should be reported on Form CA-1, Notice of Traumatic Injury and Claim for Continuation of Pay / Compensation. Where two vaccinations are required several weeks apart, reactions to each are considered separate claims.
2. When a claim is received for injury due to receipt of the COVID-19 vaccination, the claims examiner should determine if the vaccine was received prior to September 9, 2021. If the vaccination was received prior to this date, coverage is afforded only if the vaccine was administered or sponsored by the employing agency. See PM 2-0804.19.
3. The claims examiner should then confirm that the employee is covered by the September 9, 2021 executive order. The order applies to any executive agency as defined in 5 U.S.C. 105 – agencies that fall under the executive branch of the government (excluding the Government Accountability Office). The order does not apply to employees of the United States Postal Service. If there is any question regarding applicability of the executive order, the claims examiner should query the employing agency. If the employee is not covered by the executive order, coverage is afforded only if the vaccine was administered or sponsored by the employing agency.
4. If the employee is covered by the executive order and vaccination was received on or after September 9, 2021, coverage may be afforded for (1) adverse reactions to the COVID-19 vaccination and (2) injuries sustained as the direct result of an employee receiving their mandated vaccination. Examples of such injuries include but are not limited to accidents while commuting a reasonable distance to and from the vaccination site and slip and fall injuries occurring at the vaccination site.
5. The claims examiner should, however, ensure that the employee followed any employing agency policy with respect to obtaining their mandatory vaccination. The executive order directs each agency to implement, to the extent consistent with applicable law, a program to require COVID-19 vaccination for all of its Federal employees.
a. If an employing agency requires employees to receive their mandatory vaccination at specific times and/or at a specific location(s), coverage is only afforded if the employee follows the agency’s vaccination policy.
b. If any employing agency allows employees to obtain their mandatory vaccination at any time or location, coverage is afforded regardless of where or when the employee receives their vaccination, with the only limitation being for that of reasonableness.
6. The executive order requires full vaccination, which is considered to be two shots of the Pfizer-BioNTech COVID-19 Vaccine, also known as Comirnaty, two shots of the Moderna COVID-19 Vaccine, or one shot of the Janssen COVID-19 Vaccine. The order does not cover or mandate booster vaccinations. Should there be any changes regarding approved vaccination brands or mandated vaccination frequencies, the FECA program will publish additional guidance.
The document, entitled FECA bulletin 22-01, can be read in full here and was issued on October 1. CNBC in December underscored that “you can’t sue Pfizer or Moderna if you have severe Covid vaccine side effects” and “the government likely won’t compensate you for damages either.”
While the VAERS system for reporting side effects has not been fully vetted for accuracy, there are also numerous accounts by medical professionals that many Covid vaccine side effects are not being reported, as well.
As Becker News reported earlier, the Pfizer-BioNTech vaccine authorization documents did not show the “full authorization” that the Biden administration claimed, since the pharmaceutical company had liability protections tied to the original EUA. The Biden administration’s recognition that serious side effects could lead to damages that need to be compensated because of the federal vaccine mandate but denial of civil litigation as a recourse for civilians illustrates just another two-tier system of justice in Biden’s America.
OPINION: This article contains commentary which reflects the author's opinion.