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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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RA - mp

Customer Question

supervisor talking about workers compersation injury in front of others
Submitted: 3 years ago.
Category: Legal
Expert:  Dwayne B. replied 3 years ago.
Is there a specific question I could assist you with?
Customer: replied 3 years ago.

supervisor told me on floor she had what had really happen to my finger injury like she heard some talk about accident different than what happened

Expert:  Dwayne B. replied 3 years ago.
All right. Is there a specific question I can answer for you? I'm not sure what you are asking.
Customer: replied 3 years ago.

was the privacy act violated

Expert:  Dwayne B. replied 3 years ago.
While it was certainly a violation of your privacy, there really is no privacy act that applies to cases like this. There is HIPAA, but that only covers discussing medical or insurance issues with other people and not the injured person.

This may have violated some type of internal rule in the company and you can certainly check with HR about that, but there was no law that was no specific privacy law that applies.

Please ask follow up question in this thread.
Customer: replied 3 years ago.

She was on floor and she kinda said she had been talking about it to others by saying she heard different than what happened

Expert:  Dwayne B. replied 3 years ago.
It could, theoretically, be a HIPAA violation. That really deals more with revealing what they have learned through private documents, like medical reports, than it does discussing plant gossip. However, the only thing that can be done about a HIPAA violation is to report it to your company or the Attorney General. There is no private lawsuit available for those violations, the lawsuits can only be brought by the Attorneys General and if they make a recovery of any kind then they can give you part of the money.

They rarely file suit on these though, but you certainly can report it to them and see if they will pursue it.
Customer: replied 3 years ago.

I already have done that all they would say was that they would talk to her about way she talks to people but wrote me up for threathing supervisor with suupeona when all I said was would be one to suppeona not I would

Expert:  Dwayne B. replied 3 years ago.
What was the subpoena supposed to be about? What exactly do they allege you said?