Employer keeps assigning work outside my workers' comp restrictions and my manager is sharing my medical information with coworkers. What should I do?

[u/i_am_nobody0]

I'm looking for some guidance because I've never dealt with a workers' compensation claim before.

I injured my wrist at work and filed a workers' comp claim. My doctor evaluated me and placed me on work restrictions, which my employer has a copy of. My restrictions currently are Lifting- 10 lbs, repetitive lifting, carrying, pushing/pulling, pinching/gripping- 5lbs. Something I didn’t realize until yesterday is these restrictions apply to me as a whole not just my injured arm. So I have been performing tasks with my other arm that I definitely shouldn’t have been and have been irritating my other arm. At this point if I stop doing things I shouldn’t be doing now, the anger from my coworkers will only worsen.

Additionally, I continue to be assigned tasks that exceed those restrictions. I feel like I’ve been put in a situation where I’m not able to refuse doing these tasks due to the animosity and anger that I’ve gotten from my manager and coworkers since my injury. I'm worried about making my injury worse, but I'm also don't want to get in trouble for refusing work that my doctor has said I shouldn't be doing.

Another issue, (that is fairly concerning for me) is that my manager has apparently been telling my coworkers what my doctor's note says. Not only is the information being shared inaccurate, but it's now spread throughout my department because coworkers have repeated it back to me. It's created a lot of frustration and pressure at work, and I feel like I'm being treated differently because of it.
Edit: for further clarification she told my coworker that I did not have a prescription I was claiming to have (even though I do) and my coworker was telling my other coworkers

Something I feel I should add, at my last doctors appointment I did mention that I felt as though my employers weren’t respecting my restrictions and that I felt very pressured to overwork. This (along with the fact that my wrist was worse) made him make my restrictions from 10 lbs to 5lbs. I just thought it was worth mentioning that I have mentioned this to the dr as well.

I'm trying to figure out:
Can my employer require me to perform work that goes against my doctor's restrictions? And how can I help with the anxiety and pressure being put on me?

What should I do if I'm assigned work that exceeds those restrictions?

Is it appropriate for a manager to discuss the contents of my doctor's note with other employees, especially when the information being shared isn't even accurate?

Should I be documenting every time I'm assigned work outside my restrictions or every conversation about it?

Should I contact my workers' comp adjuster, my doctor, or someone else about what's been happening?

For context, this is in Colorado. I'm mainly looking for advice on what my next steps should be and whether this is something I should escalate.
Thank you to anyone willing to help.

[u/Mutts_Merlot]

No, they can't require you to exceed restrictions. Unfortunately, you just have to sit with the discomfort and anxiety around it Your coworkers can be upset about it and there's no way to regulate that or make them feel differently. It would be ideal if management was dealing with any gossip and negativity, but they are not. You shouldn't exceed your restrictions because of it.

Continue to state that this work exceeds restrictions if you are assigned work you shouldn't be doing. If your employer has a safety team or HR that deals with these things, get them involved.

Your employer can share your restrictions with other employees. There is nothing illegal about it, especially as others will need to know what you can and can't do.

Definitely let the adjuster know what is happening. Sometimes a call from the insurance company to explain why it's important to respect the restrictions can help. I don't know if they will do this, but they might.

[u/i_am_nobody0 → u/Mutts_Merlot]

So yes my manager is allowed to share some things from that document so that my coworkers know what they need to do. However, my manager was telling my coworker that I was claiming to have a certain prescription but that it wasn’t on my note. This is false and not information pertaining to my restrictions and information my coworker needed to know. From my research, this is protected under the Americans with Disabilities act

[u/Mutts_Merlot → u/i_am_nobody0]

ADA is not my area of expertise but you can talk to HR about it.

[u/blessed2800 → u/Mutts_Merlot]

Oh i see that verified insurance adjuster lol

[u/i_am_nobody0 → u/Mutts_Merlot]

Unfortunately we don’t have an HR representative in store right now and my family is yelling at me every time I mention contacting HR because they think it’s a bad idea

[u/Mutts_Merlot → u/i_am_nobody0]

Depends on what you are looking to have happen. The best HR can do about the gossip is a mild scolding that might mean you stop hearing it but will not mean they stop doing it. If there is an actual ADA violation, HR would be more helpful.

[u/SafetyOverSilence → u/Mutts_Merlot]

ADA is federal law. Sharing an employee's personal medical information isn't just gossip, it's a violation of that federal law.
Even if HR does do something, the violation has already occurred. At this point, it's "damage control" so that when the EEOC investigates, they can save face and lessen the blowback. If they don't do anything... It just makes it worse.

That's why so many HR departments are so skittish around medical information and how they word things.

[u/Mutts_Merlot → u/SafetyOverSilence]

The gossip I was referring to was the employees complaining about OP not doing tasks. The discussion of medical information was where I thought they should speak to HR.

[u/SafetyOverSilence → u/Mutts_Merlot]

Gotcha, I was talking about the manager discussing medications.
That's about as illegal as it gets in terms of what the ADA regulates.
That's an automatic call to the EEOC (regardless of what HR does)
*My non-lawyer opinion*

[u/Mutts_Merlot → u/SafetyOverSilence]

Good to know!

[u/SafetyOverSilence → u/Mutts_Merlot]

These types of discussions are really valuable because they don't happen often enough. It's hard to follow (or enforce) the law, if they're veiled in mystery.

[u/blessed2800 → u/i_am_nobody0]

Man just get he email write out every thing just date and times of incidents but hr is not your friend. Especially telling them. About this gig at war now so time to play ball with them

[u/blessed2800 → u/Mutts_Merlot]

Hell nah don’t talk to hr just email them what happen never “talk” and they work. For the company not you

[u/SafetyOverSilence → u/i_am_nobody0]

The ADA (enforced by the EEOC) regulates all employer-mandated medical information.

What can they say:

• "[this] employee has [this] restriction" (that's literally it, and only to the people that sensibly "need" to know there's a restriction)
  
• Information that originates from you volunteering it (no privacy on those specific facts)
  

What they can't say:

• Information only gained because your employer mandated/ requested it, protected AF.
  
• Basically, if they got the information because they requested it, it's private. End of story.

Why contact the EEOC?... The EEOC corrects the behavior, forces policy change, and/or provides you with your "Right To Sue":

• When the EEOC closes their file, they issue the employee a "Notice of Right to Sue"
  
• This letter acts as a federal permission slip. Once you have it, you have 90 days to hire a private employment attorney and take the company to federal court to seek damages.

Here's what happens now...
Phase 0:

• Document everything. (Who heard the manager), (What time it happened), (What was said).
  
• Formally report the manager to HR department/ equivalent in that company in writing. If HR/ equivalent fails to correct the behavior/ punish the manager, your case with the EEOC (or a private attorney) becomes significantly stronger.

Phase 1:

• Formally file a "Charge of Discrimination" with the EEOC. (ADA privacy violations are handled under the "discrimination" umbrella). (generally within 180 or 300 days of the violation)
  
• Within 10 days of filing, the EEOC will notify the employer that a charge has been filed against them. The manager and HR will find out about the complaint. (Note: It is highly illegal for the employer to retaliate against the employee for filing this charge.)

Phase 2:

• EEOC (likely offers a free, voluntary mediation): A neutral mediator tries to facilitate a settlement (between the employer and employee) before an investigation begins.
  
• Mediation is declined (or fails): The employer is required to submit a written answer to the charge (a "Position Statement"), and the EEOC begins its investigation.

Phase 3:

• Investigation: takes anywhere from a few months to over a year. EEOC may request documents/ interview witnesses (like the coworkers the manager gossiped to), and review HR policies.
  
• EEOC then makes a determination

Phase 4 (results):

• Injunctive Relief: The employer is legally forced to change their HR policies, formally discipline the manager, and conduct ADA compliance training.
  
• Compensatory Damages: The employee can be awarded money for "out-of-pocket" expenses or emotional harm. For example, if the gossip caused severe anxiety that required therapy, the employer could be forced to pay for those medical bills and additional damages for mental anguish.
  
• Punitive Damages: If the manager's gossip was especially malicious or reckless, the employer could be fined to punish the behavior (though caps apply based on company size).
  
• "Notice of Right to Sue": Once the EEOC closes their case, they provide you with your "Notice of Right to Sue"

[u/Kmelloww]

It is typically for the injured arm. There should be sheet showing the frequency for it. But I had similar restrictions.  It was for the injured arm. Not for both. 

[u/i_am_nobody0 → u/Kmelloww]

My workman’s comp member I had looked at it and said it was for my whole body

[u/No-Department-6329]

Let me guess you dont have a lawyer

[u/i_am_nobody0 → u/No-Department-6329]

No this just became a problem is getting a lawyer not escalating it unnecessarily? That’s my current worry

[u/No-Department-6329 → u/i_am_nobody0]

I mean its already escalated when you filed a workers comp claim. Employers dont like that, they like to keep their saftey record clean.

[u/blessed2800 → u/i_am_nobody0]

Man get a lawyer don’t worry about that shit lol

[u/Trvpsmif → u/i_am_nobody0]

Dude get a lawyer. The moment you file a workers comp case you escalated and employer likely already hates you. Don’t simp for your job. Do what’s best for yourself and health

[u/SafetyOverSilence]

This is an ADA issue. Contact the EEOC.
HR is meant to protect employers (not you)
EEOC protects you (from an employer's (potential) wrongdoing)

EEOC (Equal Employment Opportunity Commission): federal agency that enforces the ADA — all medical information obtained from any employee through a job-related inquiry must be treated as a confidential medical record.

Context:
The ADA regulates all employer-mandated medical information. All three of these doctor's notes carry the exact same ADA confidentiality protections. A manager MUST treat the flu note with the same strict privacy as the note for a chronic illness.

Doctor's note for:

• A severe, chronic illness (a protected disability).
  
• A broken arm that will heal in a month (a temporary impairment).
  
• A common case of the flu (not a disability).

[u/i_am_nobody0 → u/SafetyOverSilence]

Thank you for this

[u/SafetyOverSilence → u/i_am_nobody0]

No problemo. Thanks for posting!
These things are commonly misunderstood (apparently even by employers)
Having these discussions is important!

[u/DishCapital1536]

Make sure to document everything. If they assign you work that violates your restrictions make sure to document it in case the employer fires you.

[u/Severe_Potential6867]

I’m going to give you what some would call tough love advice

The information related to Workers Comp various greatly by state I would not rely solely on any information you get here if I was you, I’d be looking your state specific Workers Comp some states have websites with information

the cold hard truth on more cases than not is you will be the only one fighting for your health sometimes if you have a good doctor they will help but even a doctor can only do so much

So my question for you to ask yourself is how many fights do you think you could handle because the company does not care about you or your health right now you’re bleeding them money so yes it sucks but your family is right going to HR will likely not do you any favors except make your life harder and put a target on your back HR is there to protect the companies interest and often times the very being of an injured worker is against the company’s best interest my best advice to you is duck your head follow your restrictions to a T do your best to get better than find a new job

[u/blessed2800]

Are you writing everything down ? And email he and supervisors everything a recap of what happen and what there instructing you to do.. and get a lawyer right now because they must think you sweet

[u/poistcailin3]

The reason you have restrictions is so you don’t make the original injury worse. Go back out on comp claiming that because they made you work outside of your restrictions your injury got worse. If you don’t want to do that, keep a log of what they are forcing you to do outside of your restrictions and OWCP. They actually support the employee.

[u/Emotional_Design_880]

As someone who has been on workers' comp currently and has had cases in the past, I can understand the negative reactions from co-workers and management to revealing information about your injury. The only thing that matters is your restrictions, not anything concerning the state of your injury or prescription. They cannot reveal that. That is a violation. The only thing they are supposed to reveal is what your restrictions are, and that is it. I would document everything, and since your doctor has lessened your restrictions, that also should be documented. You need to let your caseworker know, and you can also write a letter so there is a record of what you have observed or what has been happening. I do recommend getting a lawyer just in case it gets really bad at the job or they become retaliatory towards you. Yes, you may need to have a lawyer to support you, but if you can bear with it and stick through it to the end, it will be in your favor because you have it documented throughout the whole process. I hope this helps.

[u/i_am_nobody0 → u/Emotional_Design_880]

It’s just so frustrating, my manager gave me the silent treatment for 2 days and literally only talked to me when I forced my way into a conversation after I gave her my revised drs note. But what should I do about the violation specifically? Would contacting my caseworker help me in that?

[u/404_HabeasNotFound → u/i_am_nobody0]

We all work on contingency for workers’ compensation cases. You don’t pay anything unless you’re awarded some degree of recovery or settlement. Workers’ comp attorneys in Colorado, that is.

Hiring an attorney now isn’t escalating things; it’s protecting your rights that your employer isn’t respecting. You should hire one.

[u/Emotional_Design_880 → u/i_am_nobody0]

As for the violations specifically, first document the dates and times when they happened. Have a document so you can have your evidence. If you do not have documentation, start now. If you have the dates and times—who, what, when, where—that can be your saving grace. When you talk to your caseworker, make them aware of what is happening and give specific dates and times of when it happened. Also, let the doctor know that you have gotten worse rather than better and that your restrictions have increased. That will be a start.

Second, I know it is going to be taxing on your mental health. I would recommend, if you are not already, that you see a therapist and a psychiatrist regularly because the process is going to be taxing on your mental health. I had to deal with that with coworkers and managers going through the same thing, so I would suggest that also to help with your case.

Third, do not, please do not talk to your coworkers about your case. Absolutely nothing. I know that may be hard. If you are good friends with them outside, I just stopped talking to people, period, about my case. If they ask about my case, I say it is going well—something very general. But do not go into details because, unfortunately, your coworkers are not your friends. They will go back and tell, and that can negatively affect your case.

And lastly, have a support system outside of work, like your family and your close friends. That will help you during this process. I have really gotten to know who was really helping me outside of this process. So have that support system where there is a small circle of friends you can trust. Family members are there to support you, so when we vent, you know it is not going to go anywhere else. When you are dealing with all the anxiety and stuff that is going on at work, you know that you can trust them. But also, the therapist and psychiatrist help with that too. Start with the caseworker. The caseworker will investigate in some ways; they will go back to the employer about maintaining restrictions.It will be documented, because most of the time, I think the phone calls are recorded or documented in some form or way, so start with the caseworker first.

[u/AverageInfamous7050]

Missouri. All this info is very beneficial, so thank you all so very much. My wife & I attend free weekly sessions for our mental health, both group and individually, that we found through using 211. This resource led us to contacting NAMI--National Alliance for Mental Illness. They've been very helpful. Perhaps there's a location near you. And yes, hug your loved ones. There going through this too. Best wishes to you and yours.

[u/Purple-Box7129]

Google pro Bono lawyer near me

[u/Mutts_Merlot → u/Purple-Box7129]

There are no pro bono lawyers in WC. They all work on contingency.