Who pays for job related physical exam?

[Souix]

What is the name of your state? Oregon

My husband, who has been a Crane Operator all his life, got a long term job through his Union a few weeks ago. After he had worked on the job a few weeks, he was told they wanted him to have a physical and drug testing. No problem. My husband had the physical and the ecg said he had a Left Bundle Branch Block. So the doctor who tested him wanted to see if he has a heart condition so my husband had to go through a multitude of other tests, which cost us $5,000+. We have no insurance because he has been unemployed for the past year. So this was an out of pocket expense for us. The Union said they would try to get us reimbursed for this since it was the company that required all the testing. Do we have a right to be reimbursed for this expense?

 

[Beth3]

I can't think of any legal reason why the employer would be liable for your husband's medical expenses because the physical exam detected that your husband had a medical condition.

If an employer requires some sort of physical exam for employment purposes, it's customary for the employer to pay for that but the employer is certainly not responsible for the fact that your husband has a heart problem and follow-up testing and medical care was recommended. Your husband was free to refuse further testing and care.

 

[Souix]

I can't think of any legal reason why the employer would be liable for your husband's medical expenses because the physical exam detected that your husband had a medical condition.

If an employer requires some sort of physical exam for employment purposes, it's customary for the employer to pay for that but the employer is certainly not responsible for the fact that your husband has a heart problem and follow-up testing and medical care was recommended. Your husband was free to refuse further testing and care.

***Further testing showed no heart condition. Further testing was ordered by the employer for continued employment with that company. Now we are having to go through a bunch of other hoops, like having a cardiologist review the tests etc. This is getting very expensive, especially since my husband is only going through these hoops to keep this job. If the employer hadn't have requested them, he never would have gotten these tests in the first place. We only have insurance coverage through the Union when my husband works, otherwise we have none. So obviously he needs this job to have the coverage.

No medical care is recommended because he does not have a heart condition. Bundle Branch Blocks are very common and can be caused by age. Lots of people have this without knowing it. My husband is 61, so it could very well be caused by age.***

 

[Beth3]

That clarifies things, although your husband does indeed have a heart condition (or at least an abnormality), just not a serious one as it [fortunately] turns out.

I can't give you a definitive answer on this. I suggest you (1) contact Oregon's Department of Labor and see if there is a State statute that addresses this (a few States do), (2) go back to the union and see where things stand; if both those fail (3) consult with a local employment law attorney.

 

[Souix]

That clarifies things, although your husband does indeed have a heart condition (or at least an abnormality), just not a serious one as it [fortunately] turns out.

I can't give you a definitive answer on this. I suggest you (1) contact Oregon's Department of Labor and see if there is a State statute that addresses this (a few States do), (2) go back to the union and see where things stand; if both those fail (3) consult with a local employment law attorney.

***Ok thanks for your time ***