workplace injuries.
Yo goodboy,
Sorry to read about the events you are going through. Unfortunately there are quite a few employers out there that care only for the dollar they can get and not the about the people helping them get it.
As I live in the state of Washington we have one year from the date of injury to file a claim with l&i. As far as a workplace related illness and exposure we get two years to file. What are the statutes in your state?
I will venture to guess you went home after sustaining the injury thinking it was mild and took the next day off to recover. When things got worse you went to the Dr.'s office?
I also get the impression that your employer gave you the impression that they would handle the cost involved ,so as to avoid raising their insurance cost ?
If so, Did they reimburse any of your cost? If not you might be able to go after them in court. Check your local employment laws or consult with a legal adviser.
As far as the incident that happened at your home, that is an iffy situation.
Though he ( your boss) has no right to check up on you like he did, I would'nt call it workplace harasment. Obviously, you are not at work. Considering the treatment you are receiveing at work it could be construed as plain old harassment. Again check your local statute for intent and definition. Some statutes are worded to combat physical threats and violence.
Now to your last question about your privacy, in 1996 congress madated a program called hipaa. ( Health insurance portability and accountability act) This was put in place to protect your private healthcare information by restricting who can see what.
Mainly it was instituted as regulations for health care providers and insurance companies as third parties were getting the private information and using it for various reasons. It required all identifiable information to be removed from health records where possible.
Another aspect of the rule gives you, the patient, the ability to control who has access to your information. You can tell your Dr. or hospital who they can or can not divulge healthcare information to. If you fail to specify a recipient for your information , then it can only be discussed with you and only those who are immediately responsible for your care. If your boss asks your Dr. about your situation your Dr. can not ,without your permission, tell him anything.
As far as your boss goes , the rule of thumb is: If you told him in confidence
as to what the issue is, he is not allowed to divulge that information. As this is a workplace injury, the details should be found in your employee file and as such it is confidential information. ( There is a specific ruling on this and I will have to hunt it down for you. If you choose to do the research, you should find it under the heading of privacy act. Or employee privacy act.)
Gbg is correct in asserting that there are privacy protections under fmla and ada but these would be different for your situation. ( unless you are taking extended time off for your injuries.)
Fmla ( family medical leave act ) was originally put in place to protect working women who wanted to start a family and not quit their jobs. This allowed them a way to have children stay at home for awhile to get things situated and not fear the loss of their jobs. It was amended to include roles of necessity ( The caring of sick parents ,children or self in the event of lengthy recovery times. " in a nutshell." ) Usually the employee would inform the employer of their intent to take time off for fmla. The employer is allowed to ask for validity of the request,( and usually will) but the information must remain confidential.
Ada ( Americans with disability act) Affords disabled Americans the same rights and protections that the protected class are given ( i.e Inclusion to the civil rights act barring discrimination based on race creed color sex and disabilities.) The employer may not ask any questions in regards to the persons health or physical condition unless it is a bona fide condition of employment. Even if the disabled person offers information in regards to health and well being , it is classified.
The basic intent of all this is , our society has become to nosy in one anothers affairs as to try and profit off of one anothers misery and suffering . This to the point that one of our sacred sense of self was compromised; our health information. In all it has been used as a tool to create judgement and theories in regards to our lifestyles and habits. The other sacred sense of self.
