Am i committing fraud if I do not disclose an injury that occurred outside of work?
My human resource manager said I was guilty of fraud because I did not disclose an injury to her that I suffered outside of work. I disclosed to my immediate supervisor the incident when it occurred and worked with him on the scheduling of my appointments.. He was also notified of any results of my various tests. The incident occurred after I was hired. Human resources said that I should have come to her, yet in the employee handbook it states that I notify my immediate supervisor of any doctor appointments. I have been undergoing tests for 9 months, two MRI’s and and E.M.G. The E.M.G. was positive for a pinched nerve. I had a myelogram two weeks ago and it was discovered that I had several pinched nerves and a slipped disc. There is a lawsuit connected with this injury but it has nothing to do with work or my employer. Human resources said that Hepa law states that my supervisor was not allowed to disclose to human resource my condition.. When I received the results of my Myelogram, my Neurologist suggested and wrote a note stating that I should be put on light duty until I speak with the Neurosurgeon. Human resource has now stated that I cannot return to work until I have a document, that the company provided, filled out by my Neurologist listing my specific restrictions. She says that I am a good employee and she does not want to fire me over this. She say’s that she feels like she cannot trust me now. I have been up front with the company and thought I was following procedures. I could use some good advice on this matter.
Sounds like fraud to me. You expect your work to pay for your injury and lose money with you being on light duty for an injury they’re not responsible for. That’s why they require you to notify them!
I hope that you have documented all of this. The HR manager sounds like a bitch to me. She’s got it out for you. I would not hesitate to consult an attorney right now. She’s probably building a “case” on you right now to get rid of you. If you notified your supervisor, you have fulfilled your obligation to report this injury.
hillary, there are NO WC benefits being requested here, or is the
employer/WC carrier denying benefits. Poster, you are NOT required
to provide your employer with the information your HR person is
requesting except in the case where you are requesting FMLA leave.
HIPPA is not a rule that pertains to your immediate supervisor…
only to qulaifying providers… Dr, etc. There is NO FRAUD being
committed here… your HR person is out of line in accusing you of
this, and/or even suggesting fraud. If there are no light duty jobs
avaiable, you should be eligible for STD/LTD, or state disability
benefits if available. FMLA would protect your job, and employer
paid benefits up to 12 weeks per year. The third party suit you are
involved in should be paying you lost wages while you treat and
recover from the injury.