Workplace Injury Reporting Guidelines

Summary

In New York State, you can report workplace injuries to HR, and HIPAA generally prohibits employers from disclosing your health information. However, exceptions exist for workplace safety. Company policies cannot override HIPAA, but they may disclose information if theres a direct threat to safety, such as suicidal tendencies or contagious diseases. Disclosure should be limited to those who can mitigate the threat. Improper disclosure may lead to a lawsuit, but determining liability is complex. FMLA can be denied for various reasons, and you dont need to specify the nature of your injury when reporting it to HR. PTSD caused by traumatic events or discrimination at work can be considered a workplace injury and may be covered under workers compensation. Consult a legal professional for specific guidance.

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Company policy can make it okay for them to disclose it?
Company policies cannot override legal requirements like HIPAA. However, there can be exceptions under certain circumstances, such as for workplace safety or insurance purposes. Always consult a legal professional for specific guidance.
What’s an example of an exception
An example of an exception to HIPAA might be if there's a direct threat to workplace safety. In such cases, relevant health information could be disclosed to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
What’s an example of a direct threat
An example of a direct threat could be if an employee's health condition could potentially cause harm to themselves or others. For example, if an employee has a contagious disease that can be easily transmitted in the workplace.
So HR can tell an employees supervisor if they’re suicidal
Under HIPAA, an employer may disclose health information if it's necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. Suicidal tendencies may qualify under this exception. However, disclosure should be limited to those who can assist in preventing the threat. It's advisable to consult a legal professional for specific guidance.
So they can only tell someone who can assist in limiting the threat but not just to tell someone if they’re not going to act on it?
Yes, that's correct. Under HIPAA, the disclosure should be limited to those who can appropriately mitigate the threat, not just anyone. This is a complex area of law, so please consult a legal professional for specific guidance.
And if they fell someone and that person can’t mitigate the threat can I sue?
Yes, in New York State, if an employer improperly discloses your health information, you may have grounds for a lawsuit. However, determining liability can be complex. You should consult a legal professional to discuss your specific situation.
What makes it complex
Determining liability in a case of improper health information disclosure can be complex due to:
- Varied interpretations of what constitutes a "serious and imminent threat"
- Evaluating whether disclosure was necessary
- Proving damages from the disclosure
Legal professionals can provide specific guidance.
Legal reasons why FMLA can be denied
In the U.S., FMLA can be denied due to:
- Employee has not worked for the employer for at least 12 months
- Employee has not worked at least *,* hours during the 12 months prior to the start of FMLA leave
- Employer employs fewer than * employees within * miles of the worksite
- Leave request is not for an FMLA-protected reason
Please consult a legal professional for specifics.
Do I need to state the nature of my injury when reporting it to H.R like do I have to specifically say PTSD or can I say a mental health injury
In New York State, you're not required to disclose the specific nature of your health condition. You can simply state it as a mental health issue. However, specificity might be necessary for FMLA requests or accommodations. Consult a legal professional for specific guidance.
I’m talking about when reporting a workplace injury
When reporting a workplace injury in New York State, you must provide enough information to enable your employer to understand it is work-related and requires possible leave or accommodation. The specific nature isn't necessarily required initially. Please consult a legal professional for precise guidance.
Can a job cause you PTSD
Yes, a job can potentially cause PTSD. If you are exposed to traumatic events or high-stress situations at work, it could lead to Post Traumatic Stress Disorder (PTSD). This is commonly seen in professions like the military, emergency services, etc.
Is that considered a workplace injury
Yes, PTSD caused by a traumatic event at work can indeed be considered a workplace injury. It may be covered under workers' compensation, depending on the specific laws of New York State. Please consult a legal professional for specific advice.
Can it be caused by discrimination
Yes, exposure to discriminatory behavior or harassment at work can potentially contribute to mental health issues such as PTSD. If you believe you have experienced workplace discrimination, you should consult a legal professional for advice on possible remedies under New York State law.