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hippa violation · Oct 3, 2012, 03:12 PM

I got injured on the job in 2007. I didn't want to claim worker's comp since I was an assisstant manager and I know they look down on you for that. I finally had to claim it in 2009 because my arm got so bad that I needed surgery. Ever since then, my job of 17+ years has treated me differently. My district manager called me in the office 2 years ago in September telling him that I was taking percocet for my shoulder. I yold him that I don't take them at work I only take them at home before bed if my arm is in that much pain. I offered to take a drug test because I knew that I hadn't taken any medication in a very long time. My district manager just shook his head no. I called my HR and also offered to take a drug test and he also said no. The next week I had 4 asprins on my desk and my other store manager asked me in front of union associates was I taking my percocets. This store manager also asked a union associate if she thought I was on drugs. I didn't do anything then in fear of losing my job, but I have just been notified by their lawyers that they are not taking me back because I have a 10lb weight restriction with my arm. I know they could give me my old job back as a customer service mabager where I don't need to lift. It I knew that they were going to be able to fire me I would have filed charges then. Can you tell me if there is anything that I can do and if my district manager and store manager can have hipaa violation charged against them.

joypulv · Oct 3, 2012, 03:27 PM

YOU need your own lawyer! This has nothing to do with HIPAA and everything to do with Comp and Disability. If you have to take a heavy painkiller, you take it. If it isn't allowed on your job, then they have to continue to pay you Comp or put you on Disability or give you another position with equal pay. Why isn't your union helping you?

J_9 · Oct 3, 2012, 04:06 PM

This isn't HIPAA. HIPAA is doctor/patient privilege. Since your employer is not your doctor, they did not violate HIPAA.

hippa violation · Oct 3, 2012, 05:48 PM

Originally Posted by joypulv

YOU need your own lawyer! This has nothing to do with HIPAA and everything to do with Comp and Disability. If you have to take a heavy painkiller, you take it. If it isn't allowed on your job, then they have to continue to pay you Comp or put you on Disability or give you another position with equal pay. Why isn't your union helping you?

I'm not in the union, I'm an exempt member of management. I gave up the union when I became an assistant store manager for Giant. I just feel they have fabricated this entire story because I never took the pain killers at work. My HR manager told me that I was allowed to take whatever I was prescribed at work, but I offered to take a drug test because I knew that I wasn't taking the medication. I only took it at night if I was in severe pain. I know they didn't let me take the drug test because they knew that I wasn't taking anything. I just wish I knew who to contact. I don't understand how they don't have to give me back another assisstant manager position that does not require lifting.

Fr_Chuck · Oct 3, 2012, 05:55 PM

Too many issues, but this has nothing to do with Hipaa. It is a workers comp issue and your workers comp attorney needs to have addressed it.

You went over board, telling them you will take a drug test, honestly that as a manager would make me suspect you more. So often people talk things up too much.
Also you waited too long to file your claim, while in legal time frame, companies get suspect if you file even a few months latter, if you waited 2 years to file, they most likely did not really believe it was a workers injury.
OR even if it was believed, many companies will just start looking for a reason to fire you once the injury happens.

If you were out of work, on injury, they donot have to take you back to old position.

You need an attorney, actually needed one years ago. Since you did not mention getting a settlement for the injury.

joypulv · Oct 3, 2012, 06:25 PM

Find a lawyer.
Find a lawyer!
You are trying to use reason. It's beyond that, and this is a business, and they are in business to make money, and to deny you care and coverage if you let them. You are dwelling on little intimidations among people (which seems to be doing what they intend) instead of the big picture.

J_9 · Oct 3, 2012, 07:02 PM

There is a strong possibility you have expired the statute of limitations.

hippa violation · Oct 4, 2012, 04:38 AM

Originally Posted by Fr_Chuck

Too many issues, but this has nothing to do with Hipaa. It is a workers comp issue and your workers comp attorney needs to have addressed it.

You went over board, telling them you will take a drug test, honestly that as a manager would make me suspect you more. So often people talk things up too much.
Also you waited too long to file your claim, while in legal time frame, companies get suspect if you file even a few months latter, if you waited 2 years to file, they most likely did not really beleive it was a workers injury.
OR even if it was believed, many companies will just start looking for a reason to fire you once the injury happens.

If you were out of work, on injury, they donot have to take you back to old position.

You need an attorney, actually needed one years ago. since you did not mention getting a settlement for the injury.

I offered to take a drud test because I knew that I did not have any drugs in my sysytem. I didn't file because I just became assisstant manager a few months earlier and they look down on those filing claims. I paid out of pocket for 2 years until I saw another orthepedic and he diagnosed me correcrtly wiyh thoracic outlet and I needed surgery, I guess the saying is right, NICE GUYS FINISH LAST! This most certainly was a work related injury I have seen 3 specialists that all agree it is related to work and if I was taking drugs why would I offer to take a drug test? That doesn't make any sense to me at all!

hippa violation · Oct 4, 2012, 04:42 AM

Originally Posted by hippa violation

I offered to take a drud test because I knew that I did not have any drugs in my sysytem. I didn't file because I just became assisstant manager a few months earlier and they look down on those filing claims. I paid out of pocket for 2 years until I saw another orthepedic and he diagnosed me correcrtly wiyh thoracic outlet and I needed surgery, I guess the saying is right, NICE GUYS FINISH LAST! This most certainly was a work related injury I have seen 3 specialists that all agree it is related to work and if I was taking drugs why would I offer to take a drug test? That doesn't make any sense to me at all!!

Also I told my store manager about my arm the very next day, I put BEN GAY on it for 2 months thinking I pulled a muscle. They knew it happened at work, he should have called the report in, I can't call in my own report!

hippa violation · Oct 4, 2012, 05:20 AM

Originally Posted by joypulv

YOU need your own lawyer! This has nothing to do with HIPAA and everything to do with Comp and Disability. If you have to take a heavy painkiller, you take it. If it isn't allowed on your job, then they have to continue to pay you Comp or put you on Disability or give you another position with equal pay. Why isn't your union helping you?

I'm no longer in the union. I gave up the union when I became an exempt member of management. My HR said I was allowed to take the medication, but the point is I was accused and I wasn't even taking it. If I was taking it, I would not have offered to take a drug test.