by Barney5 on Tue Jun 23, 2015 7:41 am
In my opinion EAMS to too available to the public. I agree with you on this. It is illegal for employers to do background checks to review prior work comp claims... but is there any way to know if they are checking EAMS or any agency who is protecting people against this? HIPPA law creates a right to privacy, but it doesn’t create a right to sue. And even if you could sue, the law has limits. Only certain entities are covered. I am interested in what happens with your complaint to the Department of Health and Human Services. The most they can do is assign fines and the requirement that the entity correct their procedures so it doesn’t happen again.
There is something more upsetting to me than EAMS. There are companies, insurance exchanges who track information on those who have filed workers compensation as well as other claims. Insurance companies provide these companies with information and it is shared. This is not something legally that should be checked in employment background checks, but many employers do this type of background check. I was told most large companies do this type of background check. This was the topic of discussion on another forum, and the injured worker who was inquiring about it was told not to apply at fortune 500 companies, and they should be fine.
If you have not done so already, I would recommend applying for your LTD as there may be time limits to apply. Not all LTD policies cover work related injuries. Usually the LTD carrier will require you to apply for SSDI at some point, to offset what they pay to you. Some polices read own occupation while others state ANY occupation. All LTD policies are different and I recommend requesting a complete copy of your LTD policy. If you get a denial contact an ERISA attorney ASAP.
Last edited by
Barney5 on Tue Jun 23, 2015 7:58 am, edited 3 times in total.