Injury at work - boss wants to see medical records
Discussion
Hello all.
Firstly, this isn't about me, but my sister. I'm a contributor to PH but am using a different name because her's and mine are linked.
She's been injured at work and is underging treatment for it. She's currently off sick, having been signed off by the doctor.
Now her boss wants to get in touch with her doctor and discuss the work related injuries (though not, apparently, her whole medical records).
Does her boss have the right to do this?
Also, what are the implcations of her allowing her boss to talk to the doctor? Can any of this be used to harm her cause?
The injury is a result of lax management practices and I assume her boss is already consulting solicitors.
Any help would be very much appreciated.
Firstly, this isn't about me, but my sister. I'm a contributor to PH but am using a different name because her's and mine are linked.
She's been injured at work and is underging treatment for it. She's currently off sick, having been signed off by the doctor.
Now her boss wants to get in touch with her doctor and discuss the work related injuries (though not, apparently, her whole medical records).
Does her boss have the right to do this?
Also, what are the implcations of her allowing her boss to talk to the doctor? Can any of this be used to harm her cause?
The injury is a result of lax management practices and I assume her boss is already consulting solicitors.
Any help would be very much appreciated.
Let him phone the doctor, who will tell him to get lost. Hypocratic oath and all that.
Patient confidentiality forbids the doctor to comment further, if the doc has passed your sister as unfit to work that is all the boss needs to know.
As a compromise, why not get your sister to suggest tat she go for an independent consultation with an Occupational Therapist who can prepare a formal report on your sisters capacity to work.
as long as the boss pays for it....
Patient confidentiality forbids the doctor to comment further, if the doc has passed your sister as unfit to work that is all the boss needs to know.
As a compromise, why not get your sister to suggest tat she go for an independent consultation with an Occupational Therapist who can prepare a formal report on your sisters capacity to work.
as long as the boss pays for it....
Gargamel said:
Let him phone the doctor, who will tell him to get lost. Hypocratic oath and all that.
Patient confidentiality forbids the doctor to comment further, if the doc has passed your sister as unfit to work that is all the boss needs to know.
As a compromise, why not get your sister to suggest tat she go for an independent consultation with an Occupational Therapist who can prepare a formal report on your sisters capacity to work.
as long as the boss pays for it....
See Access to Medical Reports Act.Patient confidentiality forbids the doctor to comment further, if the doc has passed your sister as unfit to work that is all the boss needs to know.
As a compromise, why not get your sister to suggest tat she go for an independent consultation with an Occupational Therapist who can prepare a formal report on your sisters capacity to work.
as long as the boss pays for it....
There is nothing wrong with your company writing to your Dr with your permission to get a report on your current condition and ability to return to work. Indeed I would probably be pleased that they take an interest rather than just turn their back on you. The Dr might outline the treatment schedule and if the compnay has healthcare etc then they can use it.
Think about this the other way around - if the boss asks for permission to write to the doctor and she says no, the boss is entitled to make a decision based on what little information he has. It would be best for the boss to send her to occupational health, but if it's a small company and they don't have OH he doesn't have to.
The doc can only discuss her current medical condition and fitness to work (so wouldn't disclose entire medical history).
The doc can only discuss her current medical condition and fitness to work (so wouldn't disclose entire medical history).
The doc can discuss whatever your sister gives permission to discuss.
if a consent letter is written, make sure it specifies that only the work related injury can be disclosed/discussed.
A previous employer of mine did this and the sneaky feckers tried to get access to my entire records; the letter didn't even mention the relevant injury.
if a consent letter is written, make sure it specifies that only the work related injury can be disclosed/discussed.
A previous employer of mine did this and the sneaky feckers tried to get access to my entire records; the letter didn't even mention the relevant injury.
Cream Cracker said:
Hello all.
Firstly, this isn't about me, but my sister. I'm a contributor to PH but am using a different name because her's and mine are linked.
She's been injured at work and is underging treatment for it. She's currently off sick, having been signed off by the doctor.
Now her boss wants to get in touch with her doctor and discuss the work related injuries (though not, apparently, her whole medical records).
Does her boss have the right to do this?
Also, what are the implcations of her allowing her boss to talk to the doctor? Can any of this be used to harm her cause?
The injury is a result of lax management practices and I assume her boss is already consulting solicitors.
Any help would be very much appreciated.
her Boss will get the big FO from the doctors, if the company actually has a OH team they might not, but the 'boss' won#'t ever see anything disclosed to the OH team Firstly, this isn't about me, but my sister. I'm a contributor to PH but am using a different name because her's and mine are linked.
She's been injured at work and is underging treatment for it. She's currently off sick, having been signed off by the doctor.
Now her boss wants to get in touch with her doctor and discuss the work related injuries (though not, apparently, her whole medical records).
Does her boss have the right to do this?
Also, what are the implcations of her allowing her boss to talk to the doctor? Can any of this be used to harm her cause?
The injury is a result of lax management practices and I assume her boss is already consulting solicitors.
Any help would be very much appreciated.
Jeffmaniac said:
Her boss probably needs them to send to the insurance company. If the company has any sort of Employers Liability this will require proof of medical records for cover.
Would be best for her just to ask?
Simples!
My thoughts exactly if there is an implication that she may claim against the employer for negligence.Would be best for her just to ask?
Simples!
Or is there a potential Income Protection (long-term disability income) claim in the offing? If yes, they may simply be trying to manage her condition/help her back to work.
And as has been mentioned above, has she been asked to see an Occupational Therapist?
Cream cracker
Is your sister reciving Occupational Sick Pay and has she been on sick leave for a while? Does she work in the Public Sector?
It is becoming common in the Public Sector (due to generous sick pay schemes) that line managers have to be more pro-active in managing sickness absence. He is entitled to ask to see her records to decide whether (a) she is likely to return to work in th near future or (b) whether she should be dismised on the grounds of incapability.
Your sister is entitled to refuse - at which point her employer can direct her to see the Employer's medical officer for a report on her condition and her likely date of return to work.
Is your sister reciving Occupational Sick Pay and has she been on sick leave for a while? Does she work in the Public Sector?
It is becoming common in the Public Sector (due to generous sick pay schemes) that line managers have to be more pro-active in managing sickness absence. He is entitled to ask to see her records to decide whether (a) she is likely to return to work in th near future or (b) whether she should be dismised on the grounds of incapability.
Your sister is entitled to refuse - at which point her employer can direct her to see the Employer's medical officer for a report on her condition and her likely date of return to work.
Cream Cracker said:
Now her boss wants to get in touch with her doctor and discuss the work related injuries (though not, apparently, her whole medical records).
Does her boss have the right to do this?
No. With the caveat of what is in her contract of employment (though I'd be pretty happy to fight any term which gave that sort of authority).Does her boss have the right to do this?
Why does her Boss want to talk to her doctors? Why is it not HR? You can always ask the doctor to provide a report which says your sister is ill and the consequence of her injury is that she can undertake X or Y work, over what period of time and so on in terms of getting back to work - if you offer them that then you are being reasonable IMHO.
Countdown said:
Cream cracker
Is your sister reciving Occupational Sick Pay and has she been on sick leave for a while? Does she work in the Public Sector?
It is becoming common in the Public Sector (due to generous sick pay schemes) that line managers have to be more pro-active in managing sickness absence. He is entitled to ask to see her records to decide whether (a) she is likely to return to work in th near future or (b) whether she should be dismised on the grounds of incapability.
Your sister is entitled to refuse - at which point her employer can direct her to see the Employer's medical officer for a report on her condition and her likely date of return to work.
her boss is not part of that chain, her boss should be making a referral to the OH team at the employer and they should Is your sister reciving Occupational Sick Pay and has she been on sick leave for a while? Does she work in the Public Sector?
It is becoming common in the Public Sector (due to generous sick pay schemes) that line managers have to be more pro-active in managing sickness absence. He is entitled to ask to see her records to decide whether (a) she is likely to return to work in th near future or (b) whether she should be dismised on the grounds of incapability.
Your sister is entitled to refuse - at which point her employer can direct her to see the Employer's medical officer for a report on her condition and her likely date of return to work.
1. seek the permission of the patient
2. write to the patient's consultant asking pertinent questions
Countdown said:
He is entitled to ask to see her records to decide whether (a) she is likely to return to work in th near future or (b) whether she should be dismised on the grounds of incapability.
No, the manager is NOT entitled to see any medical records. Furthermore, in the event that her condition was deemed a disability, the guidance states that HR can, if the disabled person so wishes, refuse to provide details of the disability to the line manager save where not to do so could cause harm.
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