Recent Feedback
i got hurt at work lacerating my middle finger and ring finger which required surgoery ... the surgeory was a month ago last week my finger became i fected with cellulitious ... when i brought my doctors papers with the medication list and work restrictions to my boss he then started showing other employees at my work place that had no buisness seeing this document .. 8n addition there was an email from my workmans comp case manager stating medications and dotors orders and such this email was also shown to workers that are no to see it... a few days later my boss was confronted at a local bar also happened to be my most recent place of employment by several people about my diagnosis and listed many things that were confidential i got warned at work about this but the thing is that i havent talked to anyone about this information and i also havent even stepped foot in this said bar since way before i even originally cut my fingers
Optional Information: State/Country relating to Question: Pennsylvania Already Tried: i have called several lawyers
Thank you for contacting Justanswer.com.What is it you wish to achieve in this situation?Are you still employed by this employer?
well thoruout this whole recovery i have still been forced to work i have missed 2 days the surgeory and the day it got infected... i am looking for a lawsuit for workmans com the hipaa violation.. if it is and for slander.. so in reality a money settl ment possibly 1/4 million please tell me if that is asking for too much or not enough my recovery still has 6 months left and i am unable to bend my finger completely still which i am going to therapy for...
I see.You would normally be required to sue under the worker's comp statutes only for injuries sustained on the job.If your condition was made worse by your work or you were reinjured, you should file a new injury claim with your employer typically.Since it appears you are being forced to work when you are not able to and are not being compensated properly for time lost due to your injury, you should retain a local workers comp attorney to represent you in this matter on a contingency fee basis so there is no cost to you unless they prevail on your behalf.The amount of compensation you receive will depend on the time lost from work as well as any permanent injury you have sustained typically. Your percentage disability would be determined by a physician which would set out the basis for seeking compensation, so it is impossible for me to tell you how much you may be entitled to at this point. However, your attorney can provide an estimate after reviewing your case and obtaining a disability rating typically.HIPAA does not provide for a private cause of action, but it does appear the employer has engaged in an invasion of your privacy. For that you would normally need to retain a local employment law attorney to represent you. Your damages for that would depend in part on the strength of your proof and punitive damages may be permitted depending on the employer's intent.I would look for a law firm that could handle both the workers comp claim and the invasion of privacy claim on your behalf.
Good luck and take care. Tina ___________________________________________________________________________________ Please press the ACCEPT button so I may be credited and paid for my time by Justanswer.com. Positive feedback and a BONUS are always appreciated.
NOTE: The law sometimes does not provide the answer we hoped it would. Please consider that I devote time to providing answers whether it benefits you or not and hope you don’t choose to shoot the messenger.
As always, I am available to clarify the answers for you. Thank you and all the best to you.