I live in Texas.
I wanted to know, I went to work and told them that I needed copiees of my accident report. Now the paper that I first filled out is not in my file they don't know where it is. In the beginning I did not get a copy after I filled it out.[What am I supposed to do?
Also if it is my personal accident folder at work,, am I allowed to see what is in it? or is my paper work the companies property and I am not allowed to see it? Is there a law or some rules that states that employees can't see the info in there own folder??
Thanks
access to personnel folder is not worker comp issue. contact your local labor commissioner.
I thought it was workers comp issue..
The folder is called" Accident Report" I am not talking about my personal file. They did let me see everything that was in that one
. I wanted to make copies of certain info in there " Accident Report File". My job told me I couldn't see all the info in the folder. That folder contains papers from when I first got injured. They wouldn't let me see everything in it. Personall manager told me to contact my workers comp case worker.
The problem is I got denied, so can I still contact her? Is she still my case worker?
I don't see why I couldn't view my own accident report file, since most of the info I took to them and they made copies, from my dr, about how I was doing and work restrictions.
Sorry I didn't give you all the info in the beginning, but now since you know a little more do you still think this is an issue for my local labor or my workers comp lady.
I have spoke to her, but she doesn't seem to be to helpful.
Thanks for your help
the employer is allowed to make their own report of accident. it doesn't have to be shared.
i think they should show it to a comp judge. talk to an atty or office of employee counsel.
Thanks for your help. I did talk to a manager at my company and the personall manager also. I called the the district manager that is over all the stores to.
I also called the Texas Department of Labor and spoke to them about my situation. They told me that the law states that employees have a right to access there personal file, but the employer has the right to make there own rules when it comes to the accident file.. And right now as it stands my employer is not going to let me see all the files in my accident folder, just certain ones. There are letters and statments that other employees wrote about me concerning my accident that I am not allowed to view.
I will take your advice and seek help from a lawyer and also the employee counsel.
What is the employee counsel? By chance do you have a website or contact info about them?
Thanks
Lolipop2004, as per the Labor Laws and Rules, the Employers Personnel File on you, is not yours, it is the property of the employers. Next, a Personnel File and Medical Records File are two seperate Files, and the employer never has to ever let you view the Medical File. They own it, and it is theirs.
Personnel records are the property of the employer. Accordingly, an organization generally has discretion over whether to give employees access to their personnel files, unless a state law or a court or agency requires access to these files. Federal law does not require employers to give employees access to personnel records.
Many organizations allow current employees to inspect and even copy their personnel records as a goodwill gesture. This openness may lessen employees’ mistrust and concerns about the information in the files. Since all files should contain only job-related information, their content should not surprise the employee or create a basis for a legal claim.
Approximately 20 states (including California, Illinois, and Massachusetts) require employers to give employees, and sometimes former employees, access to their personnel records. These laws generally allow employees to inspect their personnel files a limited number of times a year. Typically, some files are excluded from inspection, such as records pertaining to future promotion, third-party references, criminal investigations, and other sensitive information. In addition, state laws usually allow employers to require written requests for access to files. Some states also require employers to allow employees to copy their files.
A few of the states with personnel records access laws also give former employees the right to inspect their personnel files. For example, in Illinois, former employees can have access to and copy their file for up to a year after termination. Massachusetts has a similar law but does not limit the access to any specific time after termination. Many employers do not want to give access to former employees because they are concerned that these files may be used to support a legal claim against them. For this reason, employment law experts advise against giving access to former employees unless required by law.
Employees or former employees who file legal claims against an employer also may get access to their personnel records, and even other employees’ files, if required by a court or agency. For example, if a former employee files a discrimination claim in federal court, the court can order the employer to turn over all files related to the former employee and any similarly-situated employees.
(((TEXAS)))
Only one type of record absolutely must be kept in a separate file apart from the regular personnel files: medical information (including FMLA and workers' compensation records) - that is because the Americans with Disabilities Act requires that any medical records pertaining to employees be kept in separate confidential medical files.
Texas law does not require an employer to allow an employee to access his or her personnel file...
Thanks for the link 1171, yes I did review it yesterday.
Thanks Bad Boy for posting all the info.. I did call the Texas Department of Labor this morning before I signed on here to the website. And yes they said everything that you posted.
Thanks both of you for your help.