[alumbaugh]

I work in a food factory. I was recently injured at work. When I returned to work I found out that our first aide person had taken a photo on her cell phone and other non-medical employees of the plant have seen it. I had no knowlede of a picture being taken there only at the ER. Did she violate any Kansas laws?

[tickle]

There was no violation of HIPAA.

[ScottGem]

First its HIPAA. Second, this was an employee of your company charged with doing first aid in case of injury? Was this their job or just an additional duty? Do you know for a fact that this employee distributed the photo?

I don't see a HIPAA violation as this person would not have been considered your medical provider. On the other hand if you can prove the employee distributed the photo, that would be a breach of ethics, It should be reported to HR.

[Fr_Chuck]

The employee may or may not have violated a company rule, but not the HIPAA.

[joypulv]

Too many people think they have a right to medical privacy at work - they don't.
An employer and any relevant co-workers, and the liability coverage insurer, all have a right to know your condition. It has an effect on safety of the workplace buildings and grounds and equipment, fellow workers, and customers.