Employers/medical history- UPDATE post 28

[disneymarie]

I am currently an insurance special investigator, not w/c but if one of the investigators were doing a w/c claim and the magic envelope comes out that is a pandoras box.

I would contact the Hippa pros on the med web site and inquire.
It has two red flags, one it is not related to hire and if physical accomadations are needed.
Two, it is asking for detailed medical information that is going to be kept in a sealed envelope WHY.

If there is no HR, I would ask the site director to request EXACTLY what this form is for.

It may very well be that it is considered something that you voluntarily fill out with out ever asking what it is for and they are going to have a huge playing field to deny claims for w/c if one happens.

I would not let a family member fill out this document, Not with out legal need of it and how it will be used. I never had to ever provide who my PCP is and it is not any of their business. They are right , they can not use it and it can only be used in a w/c claim.

The day a coworker or you have an potential claim, BANGO that form comes out of the envelope, THEY CAN AND WILL now look for previous conditions to show lack of liability,

My daughter had a cervical injury at work, whiplash type. Symptoms NEVER went away her entire life, they w/c got a medical history and said a birth injury 16 years prior of a broken collar bone caused the whiplash.

Thankfully I had the same pediatrician and he documented there was never a complication after discharge at birth.. Otherwise , they were claiming a bump on the collar bone, which did not exsist, was the cause of a compression, not the whiplash.

I would go as far to call the state board of w/c at your labor and insdustry and fax a copy....they know what is OK and not..
Once you give that information volunterily it is theirs.
di

 

[C.Ann]

2nd-4th pages- many questions, required to fill out in great detail- doctor's name, address, ph. number, and description of "yes" answers. The questions ask about past surgeries, injuries, list all medication you are taking, the reason why, have you ever seen a psychiatrist and why...

Now, this form will be turned into MY company- not the larger company. My company assures us it will be kept in a sealed envelope and never looked at- however, there is a spot where an employer needs to sign that they have reviewed the information I turn in!!!!!!!

I smell a rat..

I would comply with such a detailed request sometime between "When heck freezes over" and "Not in this lifetime"..

I wouldn't do it.. Every single spot that asks for specific information I would boldly print: PRIVATE..

 

[hoon]

Ok- read all the responses and I really don't think I am going to fill out the form. My father in law owns a business and he has a lawyer he consults with in regards to w/c. My DH called the lawyer yesterday and she said she has NEVER heard of a company requiring its employees to fill out a form like this "preemptively".

I was getting scared b/c there is so much conflicting information out there. I googled the law # that was posted on the paper and it said failure to fill the paper out honestly will result in ANY w/c claims being denied.

However, it also said there needs to be a procedure in place to keep the forms in a locked file separate from the employee's personal file. The employee will fill out this form every 2 years, and the previous files need to be destroyed.

UGH!!! What to do???? I need this job for the benefits (health ins. for family).

 

[OceanAnnie]

Ok- read all the responses and I really don't think I am going to fill out the form. My father in law owns a business and he has a lawyer he consults with in regards to w/c. My DH called the lawyer yesterday and she said she has NEVER heard of a company requiring its employees to fill out a form like this "preemptively".

I was getting scared b/c there is so much conflicting information out there. I googled the law # that was posted on the paper and it said failure to fill the paper out honestly will result in ANY w/c claims being denied.

However, it also said there needs to be a procedure in place to keep the forms in a locked file separate from the employee's personal file. The employee will fill out this form every 2 years, and the previous files need to be destroyed.

UGH!!! What to do???? I need this job for the benefits (health ins. for family).

I would seek a lawyer that would find the code (that seems to be violated), and go on record for denouncing it. I'd have the lawyer draft a letter citing the code and detail the legal ramifications for seeking this information. I would request that my name not appear on any documentation. Request the document state the forms were forwarded anonymously to the lawyer's office and he/she would be happy to represent any employees that are forced to submit the private medical information. Provide the names and addresses of the CEO, administrative staff, and any and all employees for a copy to be sent to all.

That would probably put a stop to it.

 

[FinallyBoughtDVC]

I would seek a lawyer that would find the code (that seems to be violated), and go on record for denouncing it. I'd have the lawyer draft a letter citing the code and detail the legal ramifications for seeking this information. I would request that my name not appear on any documentation. Request the document state the forms were forwarded anonymously to the lawyer's office and he/she would be happy to represent any employees that are forced to submit the private medical information. Provide the names and addresses of the CEO, administrative staff, and any and all employees for a copy to be sent to all.

That would probably put a stop to it.

This is great advice! I'm sure you would be able to find a lawyer (friend or friend of a friend) who would be more than willing to do this.

That way, you stay anonymous and nobody has to feel forced to divulge private information that no one else should be privy to.

 

[OceanAnnie]

OP, another suggestion, your state Workman's Compensation Agency might be interested in those forms. I'd give them a call, explain the circumstances (remaining anonymous) and forward copies of the forms (along with the company information) to them. I'm sure they would want to know about any possible abuses.

http://www.ic.nc.gov/ncic/pages/all50.htm

 

[disneymarie]

I would seek a lawyer that would find the code (that seems to be violated), and go on record for denouncing it. I'd have the lawyer draft a letter citing the code and detail the legal ramifications for seeking this information. I would request that my name not appear on any documentation. Request the document state the forms were forwarded anonymously to the lawyer's office and he/she would be happy to represent any employees that are forced to submit the private medical information. Provide the names and addresses of the CEO, administrative staff, and any and all employees for a copy to be sent to all.

That would probably put a stop to it.

I agree, a good w/c attorney could advise and provide a response to this
I think what they did was give you a link to their site of failure to pay a claim...
HOWEVER, the labor department covers that decision.
ALREADY they are saying they are looking for an out to a claim.

The company HAS to provide w/c to the employee. NOW they are trying to get out of paying claims by using a force issue.

I WOULD CALL DEPT OF LABOR. let them know about this form
W/C can deny the claim. they will any way without the ammunition you are giving. ONLY the JUDGE can decide if the clam is to paid or the employer has a legit claim to DENY!!!

THis is a force tatic andit is working as you are feeling the stress.
I strongly feel there is NOTHING they can do to enforce this, and will deny any legit claim anyway. They just want to have the information to help them deny it with loopholes and questionable past medical history.

THEY CAN AND WILL DENY WITHOUT THAT FORM
THEY DO NOT HAVE THAT ATHOURITY, ONLY THE W/C BOARD MAKES THAT DECISION>

BE informed, as above have a /c attorney fill it out or attach a letter, As they say it will be locked away any way.
di