Is my empoyer allow to ask for my medical records after an accident at work?

[matt00]

What is the name of your state (only U.S. law)? Maryland

I had an accident at work where I lost conscience and I fell out of my chair hitting my head (nobody's fault).
An ambulance took me to the ER where they gave me an urine test, blood work, x-ray and cat scan and they released me after few hours.
The next day I was back at work and my supervisor asked me for all the paper they gave me at the hospital (test results and what else).
When I questioned his request, he said that if I didn't give the paper to him, it'd be fine but they'd forget the whole thing, close the worker comp investigation and I'd be on my own.
I felt threatened and I gave all the papers to him.

Was he allowed to request them? Could I have refused?

Thanks

 

[cbg]

Um, if this is a workers comp claim that means the employer is paying the bills. What makes you think he/the workers comp carrier would NOT be entitled to the information about the claim?

FYI, HIPAA specifically EXCLUDES workers comp situations.

 

[matt00]

Thanks cbg.

Aren't the results from all the tests (blood, urine, x-ray, cat scan) private information?

 

[cbg]

Not in this case. That's what I mean - the HIPAA privacy law specifically and by statute does not apply in workers comp cases.

 

[matt00]

Thank you!

 

[swalsh411]

They probably want to see if you were under the influence of something.

 

[matt00]

They probably want to see if you were under the influence of something.

For that, my supervisor took me to the HQ for a drug test, right after I was released from the hospital.
Don't know if that's completely legal since the doctor that released me, gave me a paper saying "no work today"...but it's their policy.

 

[swalsh411]

Doctors notes are not binding on employers. It is entirely legal (and common) to require a drug test after an accident. Of course your employer cannot force you to submit to one but if you refuse you could be legally fired.

 

[matt00]

I know, that's why I went for the drug test when I really wanted to go home.
But, what do you mean when you say that doctors notes are not binding on employers?
If a doc says I should rest and not work, can they supersede his advice? On what authority? Sounds strange to me!

 

[cbg]

Yes. It is legal.

I don't know how to make this any more clear.

 

[swalsh411]

We don't have slavery in this country any more. You can always refuse to work. But you can be legally fired and a doctor's note won't protect you.

 

[cbg]

To clarify:

The only time a doctor's note holds any legal weight is when FMLA is involved - maybe in some situations the ADA. But outside of that, a doctor's note is not legally enforceable and the employer is not bound by law to follow it. Doctor's notes are a dime a dozen and can even be bought off the internet. Just because you have a doctor's note does not mean the employer is legally required to follow it.

 

[LdiJ]

To clarify:

The only time a doctor's note holds any legal weight is when FMLA is involved - maybe in some situations the ADA. But outside of that, a doctor's note is not legally enforceable and the employer is not bound by law to follow it. Doctor's notes are a dime a dozen and can even be bought off the internet. Just because you have a doctor's note does not mean the employer is legally required to follow it.

I agree. However, most employers will follow a doctor's note in the best interest of employer/employee relations...and if the employer has an employee handbook, and the handbook references doctor's notes, then that becomes a kind of contact between the employer and employee.

 

[cbg]

In 30+ years of managing and administering employer policies, procedures, and benefits (and having written more than a few employee handbooks) I have yet to see one that specifies anything regarding doctors' notes beyond the occasional "a doctor's note may/will be requested after an absence of x days or more". NEVER have I seen one that even suggests that a note from a doctor can bind the employer to particular limitations.