JustAnswer > Employment Law
Ask A Question|Register|Login|Help
JustAnswer

Employment Law

Ask an Employment Law Question, Get an Answer ASAP!

Have your own Employment Law question?

6 Lawyers are Online Now
characters left:
Not an Employment Law Question?
Bookmark and Share

Question

Luz Olavarria, I am writing to have a question asked or to be pointed to the right agency for the answer. I’m a home attendant who has asked at my job this question, Why a home attendant in the performance of her job is not suppose to know when a client has HIV or other illness that can be contracted by me? What if it could infect my family for bringing it home without my knowledge. What are my rights in having this information that I feel is important to the well-being of my family and myself, and, what if I do get sick from it or my family do I have any legal recourse? Do confidentiality laws prevent me from knowing a clients illness that might harm me and is my employer responsible for letting me know what I’m dealing with? Please contact me back at XXXXX@XXXXXX.XXX.

Submitted: 122 days and 19 hours ago.
Category: Employment Law
Value: $38
Status: AWAITING CUSTOMER ACTION
+
Read More

Optional Information

State/Country relating to question: New York

Already Tried:
Writing to the state labor department.

Answer

If you are acting as a medical provider, then under HIPAA the information can be disclosed to you. However, the employer in any event has a duty to at the very least inform you that contagious disease precautions should be taken with the patient, even if they do not disclose the disease because they are afraid of breaching the HIPAA laws and if they fail to do this and you contract something, but no matter what if you contract something from a patient, your sole recourse against the employer would be through a workers comp suit and not a regular civil claim.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”



Picture
Expert: PaulMJD
Pos. Feedback: 99.6 %
Accepts: 4510
Answered: 11/12/2009

Attorney

20+ Years of Employment Law Experience

+
Read More

Related Employment Law Questions

  • If I am out on Long Term Disability and my company wants to
  • My boss is 10 days late in paying me. I am supposed to get
  • If payday falls on weekend i.e. each 15th of month (falls on
  • I am a Consultant I work for company ( A )_ and was assigned
  • i was terminated from my job for "poor performance". My unem...
  • How do i find out more about breach of employment contract
  • 3 People doing the same job 1 person does what ever they wan...
  • In May, 2008 i was discharged from a new employer for illnes...



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2010 JustAnswer Corp.