I twisted my foot while walking down the hall at work two days ago, and it’s just not getting better. I filled out all the necessary forms. I KNOW why it happened-- we run around 12 hours a day, we’re treated like crap, we work short constantly, and it was just overuse. But I am really afraid of the long term consequences if I go through with filing workers’ comp, seeing one of their physicians, etc. You have to sign away all rights to doctor-patient confidentiality and be seen by a panel of 3 doctors. And when future employers call for a reference, are they going to say, “Oh, she filed for workers’ comp, I don’t know, she might do it again”-- I don’t care about what they are or aren’t supposed to do, we’re talking about reality, does this really happen, especially in a “right to work” state? It just sounds like a total nightmare for something that’s almost sure to be a tendon strain, even though with every step it’s like stomping my foot down on a knife. Is it honestly worth it, or should I just see my own doctor and keep my rights to privacy?
My employer asks employees to notify their Supervisor if they are injured. That way the accident is documented when it occurs. But, it’s not a legal requirement.
I’m pretty sure HIPAA laws protect Workers Comp claims. Any future employers will not know. It’s none of their business.
Obviously, the Workers Comp office looks for patterns of fraud. Multiple claims, in a short period of time, could be a problem.
By delaying reporting the injury you are putting your claim in jepdarody.
Questions to consider. Can you afford to pay your own medical treatment? What about therpy? And if you are off work do you have sick time?
What State are you in?
Every time I got injured I just saw a Dr. There never was any 3 Dr. panel. When I got injured I just went to personal. They made the first appointment with the clinic. I went to the clinic Dr looked at me made follow up appointment or appointment with therpy.
I had back injuries. And yes it did come up in interviews. But I was able to get other jobs.
Your medical records with a workmans comp Dr do belong to your employeer. One way around it is to fill out a form beforre you are injured requesting to see your own Dr if you are injured on the job.
Again my advice. Go ahead and tell your employeer that you got hurt on the job today. that is unless you have really good medical insurance, and lots of sick time.
If you hurt yourself at work, it would probably be best if you talk to your work supervisor about it. The time to have done that would have been when it happened (companies have specific procedures that should be followed when a workplace injury occurs), but you can still go see them about it.
I don’t think you’d be signing away your privacy rights for everyone - just for your particular company that you’re employed at, and I can see why they need to be able to communicate with your doctors.
ETA: Forgot to say that one of the reasons employers want all injuries reported is so they can revise policies and procedures.
I didn’t delay reporting it. It’s been reported and all the forms have been filed so that if I DO decide to see one of their doctors, I’m covered. Today and tomorrow are my days off, and I’m supposed to go in over the weekend. The question is what I’m going to do if my foot isn’t better by tomorrow, because I think that will be a good indicator of how the weekend would go. Do I go ahead and see one of their doctors, or do I just see mine? I CAN’T see my own doctor and expect to get that visit covered; that is right on the form I had to sign, and I DO have to see a 3-doctor panel before they would pay for the workers’ comp (that’s on the form too.) I’m in Tennessee, where there are no workers’ rights. That’s why I’m wondering if I should just see my own doctor if I need to. I just really wish that this hadn’t happened at all, and nothing could make me happier than if I could just go back to work.
I just got off the phone with the The Tennessee Department of Labor and Workforce Development’s Workers’ Compensation Division, and what they said was that if you go to one of the employer’s doctors for the workplace injury, then they can’t just pull all of your OTHER medical records and look at them. That was what was really bothers me the most, to be honest. I have very well-controlled adult ADHD and I take Ritalin, and it is NONE OF THEIR BUSINESS. It has nothing to do with injuring my foot or performing my job duties, and nobody needs to know about it, as my doctor agrees. Still, is there some way they can find out as a result of all this and then use it against me? What do y’all think? Honest opinions here!
I am the Workman’s Comp compliance person at my job, which is in a right-to-work state. The law heavily favors you, not your employer. You are required to report it immediately so that it won’t grow worse untreated, while they are still liable for all treatment costs. You are required to see their approved care provider because there are a lot of doctors out there who perform unnecessary procedures and bill up the wazoo when they see that it’s a deep-pocket WC claim. (and later, when it’s denied, they come after you for payment). the approved doctors are vetted not to have done this.
As with many legal issues, there is a conflict between OSHA and HIPPA here. HIPPA guarantees your privacy, but OSHA requires that business not hide injuries from those who may be injures. So the employer must post the OSHA 300 form, listing all the year’s recordable incidents and the names. however, you may request that your name be concealed (this is always done by law in cases of workplace sexual assault, but may also be done on your request), and only the injury be listed.
The last thing your employer wants is for you to run out and get a lawyer, who’ll settle for $5000, most of which he or she will pocket. They’d rather just pay the legitimate doctor’s bill. Any claim that they retaliated against you for being a klutz will only make it worse for them, so they will not do that. But if you do go get that lawyer, your days employed there are probably numbered.
Utilize the workman’s comp benefit provided by your employer, to fix the injury you incurred while working. If there is a subsequent violation of privacy, sue their ass.
You probably had a drug test when you reported the injury. That’s SOP. The Ritalin will probably show up. You need to prove that it’s a legit RX to your WC officer or the HR rep. That is your responsibility, and it is their responsibility to not blab it around the office.
Now I would have a problem with a forklift driver who was hurt while on, say, muscle-relaxants, but then the have “Do Not Operate Heavy Machinery” right on the bottle. Your designated duties were not impaired by your medication.
I had an injured guy pop positive for opiates last week. He brought me his RX for Lortab, which I copied and filed next the the drug results, and that’s as far as the trouble will be.
Those are honest facts. My honest opinion is that employers want to keep good employees, and will accomodate off-the-job inuries (which they don’t have to) as well as on-the-job ones (which they do have to).
First, IANALabor Relations Expert.
However, I have filed WC claims twice over the years in the Nashville area.
Yes, they will know some of your medical history from your drug test. I had to provide documentation for the prescriptions that I was taking at the time. The employers already had this information available, as I was covered by the group health plan for everything else. It’s likely that your company knows all of this as well if you carry their insurance.
IME, no retaliation was ever taken for either of my injuries. Remember, they have reason to fear a lawsuit, should they shirk their responsiblilities.
Hope you recover quickly and everything gets back to normal for you.
missred
For some weird reason, this facility didn’t and doesn’t drug test employees. Very odd, I thought, but that’s their choice. I don’t use their group health plan, so nobody there knows anything and I’ve been able to maintain my privacy. Anyway, I definitely have a Rx for the Ritalin, of course. I guess I really will do it, because my foot is just too much of a problem-- I don’t see how I can even walk on it-- but I’m not happy about it.