Job reference told of on job injury - legal?

[NocturneNrse]

Ok, so I hired one of those reference checking companies to just give me an idea of what might be said during an inquiry - and I am shocked to learn that mention of an on the job injury was revealed. Is this legal?

[Simply Complicated]

I wouldn't think so. Considering that is discussing your personal medical history.

[NICU_babyRN, BSN, RN]

It depends on the context. Did they say the injury was your fault? Did they reveal what the injury was? and how legit is this company you hired bc most of those companies are spam artists going after your money!

[caliotter3]

Apparently the employer is using any opportunity to paint you in a negative light. Doubt you can get them to stop mentioning this as long as it did in fact happen. But if it concerns you, you should consult with an attorney about the revelation.

[Jolie, BSN]

Ok, so I hired one of those reference checking companies to just give me an idea of what might be said during an inquiry - and I am shocked to learn that mention of an on the job injury was revealed. Is this legal?

Unless you specifically limit the information that an employer may reveal, it is perfectly legal for them to provide truthful information regarding your employment.

If you were injured on the job and they accurately conveyed that information, they did nothing wrong.

If you don't want that revealed to a potential employer, you can place limits on allowable information. Of course, that may lead prospective employers to wonder why you've placed restrictions.

[handyrn]

Do you still have a copy of the policy and procedure or employment handbook from that old employee? Does it state in there that they will not give out any information other than position held and employment dates? If so, you can contact a lawyer who will usually contact the previous employer's lawyer, who will then contact their client (your previous employer) and tell them to knock it off. Then you can try checking again later and see if they are still doing this.

[ChristineN, BSN, RN]

I had two workman's comp cases/injuries from my very first job as a nurse's aide. When I have applied for RN jobs they typically ask if I ever have been on workman's comp. I'll normally give them of short answer of yes, but that was 3 years ago and I haven't missed work due to the injury/had another injury since, and the interviewer always seems ok with it. However, I would not be cool with a former employer disclosing this without my knowledge. FYI I always kept from prospective employers the fact that the injuries caused permanent damage/left me at even greater risk of future injuries. I figure it's none of their business, and I don't want to hurt myself in the job market.

[NocturneNrse]

Thanks everyone. Just thought that it might fall under HIPAA d/t the fact that they provided the care for that injury. What a crummy thing to mention on a job reference.. Jeesh!

[Meriwhen, ASN, BSN, MSN, RN]

Thanks everyone. Just thought that it might fall under HIPAA d/t the fact that they provided the care for that injury. What a crummy thing to mention on a job reference.. Jeesh!

The fact that you sustained an injury while working there would not be covered under HIPAA. But the medical care that you received would be.

[caliotter3]

As handyrn stated, when the lawyers get involved, perhaps the employer will be instructed to stop mentioning the incident, but that does not mean that they will take what the attorneys request seriously. Then, it will be up to you to keep the matter going. This is the point where your attorney will tell you whether or not you have a case and you will have to decide how much of your life you want to tie up in dealing with it.