I am out on Workers Comp and recently heard from a co-worker that other co-workers were talking about my circumstance.

I am out on Workers Comp and recently heard from a co-worker that other co-workers were talking about my circumstance. Who besides HR should know about my situation and be allowed to talk about it? i.e. my direct manager, their manager? What kind of recourse do I have? Should I go to HR with a formal complaint?

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13 Comments

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  1. Anonymous

    I think it is dependent on what happened and where. At times you could get hurt on the job and anyone working at that time would know, and no reason they can't discuss what happened. That being said, they should never talk about your medical and how that is being handled, unless there is fraud and you have to report. I only say this as one person I worked with years ago had surgery on their hand and was told (this was about 30 years ago) that they would get a settlement on the length of the scar - so I walked in to her slamming her hand on the edge of a desk (can you say ouch after a surgery) and I asked her if she was OK. She told me what she was doing....well I reported to the General Counsel and was the HR back up (small company) as well as supporting the CFO - so I had a responsibility to report what I was told directly. Other than something like that - it is no one's business what is going on.

    I think it also depends if this had OSHA involved, etc. There are many variables that could cause discussion - but they should not be talking about you personally or medically - but can discuss what happened if a workplace accident.

  2. Anonymous

    Without details I would not be able to advise. From experience I can tell you that nothing is truly confidential in companies. So unless you have incurred proven damage from the office gossip there is little to be done other than remind hr of your expectation of privacy.

  3. Celena Barton

    It’s workplace gossip and is super common. People get resentful, but specially if they feel that they are having to pick up extra work. It’s just humans in general. Try not to let it bother you.

  4. Anonymous

    It is likely that your manager had to share with folks that you were out. The details should be held as private especially if they are health related. Please file a complaint with HR and legal and let them know that your personal information should not be made public.

  5. Anonymous

    What exactly was said? If they are discussing private information, you should complain. It’s obvious you are not at work, so there will be some natural curiosity about your absence. However, in a toxic workplace coworkers sometimes will speculate or feel jealous about your absence, like your lying about something while the have to pick up your slack. My office is like that. Unless there gets to be an environmental change nothing is going to stop this. Even if you complain. Maybe just be quiet and see how it works out. You can complain, but that could open up a whole new can of worms. Yes, talking about your health issues behind your back is wrong and you have a legal leg to stand on this, but do you want to?

  6. Dr. Patty Gross

    Like others have said, it all depends on what is being said and if you are being harmed by it. Was anyone a witness to what happened? Who else is involved? By the way, ethically, nobody can discuss your specific health issue, but legally, HIPAA only applies to medical professionals. While it may not be the right thing to do, and depending on who says it, anybody can [legally] repeat it if you tell them directly what is going on. It is normal for curiosity to happen when someone is on an extended absence, and the lack of any details as to why only generates speculation. The more toxic the workplace, the worse this can be.

    If you feel like an ethical boundary was breached (i.e., your manager or HR disclosed information out of the scope of what you asked to keep private, or assumed would be), file a complaint with HR management, EEOC, or a licensing board (if applicable).

  7. Anonymous

    This is the best response yet but would add that HIPAA does also apply to any business personnel (I.E. employer) handling your records/file/PHI. Certainly co-workers will be curious, and rumors & speculation will abound - especially in those more immature and/or toxic environments. Unfortunately, you have little say in the matter, unless, as stated above, you feel an ethical boundary has been breached. And even then, in those immature/toxic workplaces, reaching out to HR could be futile, or just make it worse. Sadly, today it seems more and more employers fall into this category.

  8. Anonymous

    You are correct when it comes to insurance companies and employers for WC claims. However, for that to happen, you have to give explicit permission in the form of a "release of information" that you sign. These releases explicitly state what information can be shared and with whom. Employers are ethically bound to keep confidentiality, and breaching that could be a civil matter if it causes harm or goes against EEOC or ADA laws. Every time I see a doctor, I have to sign a release for them to share enough information with an insurance company so it can decide on the medical claim.

  9. maria rose

    Obviously, you, the OP, are out on Workman’s Comp and you are still connecting with fellow coworkers outside of work because of your extension relationship as friends outside of work. Leave of absences due to workplace incident that fall under the Workman’s Comp coverage do involve a review of the circumstances surrounding the incident and may involve questioning any coworkers who may have been witnesses or aware of conditions that might have caused the OP to have been placed on a leave of absence. Perhaps this is the conversations that you , the OP, are referring to . Nothing is affecting your right , the OP, to be on that leave of absence, And you can’t be relying on hearsay impression if you are not directly hearing the conversation but getting the information from a third party retelling. Unless you are directly getting information from your employer and Workerman’s Comp in writing, you should not be concerned about gossip conversations. Concentrate on getting recouped from whatever you are on the leave of absence and prepare yourself for a return to your job position

  10. Anonymous

    Verifying the information that your co worker told you is the first step. Inform your coworker you are going to verify what she told you by talking to HR. If it’s not verified , it’s gossip.

  11. Pauline Mosca-Cyphers

    Only WC should discuss information to HR regarding your time out. You are protected from HIPPA so no medical information is released to HR or anyone else. I'm sure your coworkers are talking under assumptions.

  12. Shawnda Gallup

    As one person already stated HIPPA only applies to medical professionals. The general information associated with your workplace injury is shareable to your company. Now if your co-workers are learning about more health information than what is associated (directly or indirectly) with the work place injury that got you on workers comp, then you might have a breach of private information complaint.

  13. Anonymous

    Office gossip is not illegal. Completely expected so this is not an HR issue.

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