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Workers Comp Violation? - Floydmay22 - 11-16-2018

I was hoping that someone could help me out here. I had filed or a worker's comp injury a few months ago. My insurance company wanted to fight the claim being they thought it wasn't work related. It is a carpal tunnel injury and I am a mechanic for the state of New York. I work with tools every single day so no doubt in my mind it was work related.
I was told that there would be a hearing to discuss the claim. In the meantime my supervisor has told all my co-workers about my claim and that he feels that it's all a lie. He has a lot of my coworkers now not talking to me at work or talking behind my back. I have caught my supervisor on several occasions talking about my case. There is no way that this could be lawful. I feel he is impeding not only in my HIPAA rights, but discussing in detail how he is going to try and get me back for it. What do you do when you don't trust your human resource department. They always seem to side on management. Any thoughts would help.
Floyd


RE: Workers Comp Violation? - 1171 - 11-16-2018

Sharing medical information with those that do not have a legitimate need to know is a violation of your limited HIPPA protections.
Your bigger problem is the potential for retaliatory termination /punishment.
This would violate the workers compensation anti-discrimination provisions:
http://www.wcb.ny.gov/content/main/onthejob/Discrimination.jsp
My first recommendation is to contact your union. Most collective bargaining contracts have severe penalties for such behavior.
You will need substantial documentation if you wish to pursue legal action:
Names, dates, statements, quotes, witnesses, prior retaliatory behavior, etc .
You can consult a labor law atty at any time. You can also file an administrative complaint.
You can find out more about your administrative options by contacting the NY dept of labor:
https://labor.ny.gov/equal-opportunity/how-to-file-a-discrimination-claim.shtm


RE: Workers Comp Violation? - California_Help - 11-17-2018

(11-16-2018, 11:45 AM)Floydmay22 Wrote: I was hoping that someone could help me out here. I had filed or a worker's comp injury a few months ago. My insurance company wanted to fight the claim being they thought it wasn't work related. It is a carpal tunnel injury and I am a mechanic for the state of New York. I work with tools every single day so no doubt in my mind it was work related.
I was told that there would be a hearing to discuss the claim. In the meantime my supervisor has told all my co-workers about my claim and that he feels that it's all a lie. He has a lot of my coworkers now not talking to me at work or talking behind my back. I have caught my supervisor on several occasions talking about my case. There is no way that this could be lawful. I feel he is impeding not only in my HIPAA rights, but discussing in detail how he is going to try and get me back for it. What do you do when you don't trust your human resource department. They always seem to side on management. Any thoughts would help.
Floyd

HR department is there to protect the best interest of the company. Employees are not always aware of this and believe that they are protection for the employees. This is a false belief.