Question: I am an occupational health nurse and treat injured employees. I file workman's compensation claims when the need arises. Medical information is shared between me, the workmen's comp adjuster, and employee. Does Human Resources have the right to access health records without the knowledge of the nurse? Laws governing workman's compensation regarding health info sharing is on a "need to know" basis. Does anyone have any thoughts, links, or experience regarding confidentiality/privacy of medical records?
Lilly
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January 30th, 2009 at 4:17 am
Personally I would think HR has no “right” to know.
That information is only required for a decision to be made about compensation. HR is not involved in that process. They determine nothing.
If they wish to know about the employees injury then they ask the employee – but s/he is only obliged to notify of health risk at work – if it’s all healed now and does not impair work now or potentially in the (near) future then it’s none of their business.
They can write to the doctor for an opinion on a relevant matter – who then discusses with the patient about disclosure – and gets pt consent.
I’m not legal expert – but that’s my edumacated guess.
January 30th, 2009 at 1:59 pm
From my understanding the employer only has the “right to know” about anything that could cause more accidents at work. And they can’t just get the info on their own, they have to get permission first. That’s usually why employees have to have dr.s notes or equivalent to return to work. The note from the doctor is supposed to notify the employer of any pertinent info the employer needs to know, such as restricted work ability, etc. The employer has the obligation to provide a safe workplace, but not the right to know all the employees medical details if it’s not relevant.