Is it illegal for an employer to inquire about health status while out on workers comp?

Question

I broke my wrist a while ago and since have developed nerve damage along with RSD, my doctor has taken me out of work so I may do extensive therapy along with pain meds. Since this has happened my employer consistently has been calling my home and inquiring about the status of my health. Is this a form of harrasment or am I being too sensitive?

Answer 1

No.  It is their insurance that is paying for your medical costs and disability pay.  They have a legitimate interest.

Answer 2

Workers comp is separate from employment.  The workers comp company will check to be sure you continually qualify for benefits.

Separate from workers comp, your employer has a right to ask that you provide them with continuing information regarding why you are absent.  For instance, employers can ask that you provide them with a doctor's note if you are ill.  Workers comp won't provide this info to employer because of privacy laws.  

Answer 3

No, they can ask you, but badgering you is something else. The law at least in my state is that they have to hold your position for six months, after that they can fill it.

Answer 4

Remember, they are paying the workers comp insurance premiums, so they have a business interest in your recovery. Monitoring workers comp cases is completely legitimate and routine.

Answer 5

I think your boss is in the right on this one.he has every right to moniter whats going on.

Answer 6

It is not illegal, or wrong.  Depending on your state, the employer may even be obligated to do this.

The employer is required to pay workers compensation benefits.  He is also obligated to make light work available (Within your restrictions) when available, and to take you back when available.

So, checking on your health is his right.  

Meanwhile, he is trying to figure out what to do with your position.  In other words ... does he make do without you (redistribute the work), hire a temp, or hire a new permanent employee.

This will be affected by how long you will be out.  He may have believed that he would miss you for a few days (work around the cast), and could just redistribute the work.  With a longer absence, other arrangements must be made.  Or might need to be made.

So, my guess is, he is trying to show concern, but is also trying to figure out how to run his business.

(I rarely sympathize with an employer, but here, I think he is not only acting legally, but probably even appropriately.  Think of it this way ... you know they are thinking about you.  I would worry when they stop callling, for it means they are not missing you from a productivity point of view).

Good luck.

Answer 7

Not only are they paying your worker's comp premiums, they are also missing an employee.  They have every right to inquire about your recovery so that they can make appropriate business plans.

Answer 8

Maybe they care!

Plus maybe he may need to hire help while you are out.

No harassment here.

Unless you have something to hide?

I would thank him for calling.