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  • Question for the former military guys....

    Isn't any disability status protected information from your civilian employer?


    I was injured on the job Tuesday and I got a call today from Risk Management. One of the questions they asked me was if I was receiving any payments for a medical disability from my military service.

    I declined to answer that, because I made a call to the VA in FTW about a suicidal subject and the director asked me if I was former military. I told him that I was, and he asked me if I was receiving any benefits. I told him I was not because I didn't want my job to fire me due to any issues that I may have had due to my service, and he said it was illegal for them to obtain any information unless I volunteered it.

    I'm thinking this is the City's way of trying to trick info out of those that have served and have chosen not to disclose private information.

    Any thoughts?

  • #2

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    • #3
      Trap all the way.
      Wanna see my care face???

      Comment


      • #4
        Originally posted by 03trubluGT View Post
        Isn't any disability status protected information from your civilian employer?


        I was injured on the job Tuesday and I got a call today from Risk Management. One of the questions they asked me was if I was receiving any payments for a medical disability from my military service.

        I declined to answer that, because I made a call to the VA in FTW about a suicidal subject and the director asked me if I was former military. I told him that I was, and he asked me if I was receiving any benefits. I told him I was not because I didn't want my job to fire me due to any issues that I may have had due to my service, and he said it was illegal for them to obtain any information unless I volunteered it.

        I'm thinking this is the City's way of trying to trick info out of those that have served and have chosen not to disclose private information.

        Any thoughts?
        As far as I know, they can ask you questions that relate to your occupation. A cop having suicidal thoughts...sounds relevant. However, your best bet (as you seem enormously capable of) is to read the handbook that comes with new hires and see if it's stated you must give it up. If not, I'd tell them to speak to your attorney if they wish to really get into it.



        Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008This document was issued prior to enactment of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), which took effect on January 1, 2009.  The ADAAA broadened the statutory definition of disability, as summarized in this list of specific changes.



        Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business. Your employer may conduct voluntary medical examinations that are part of an employee health program, and may provide medical information required by State workers' compensation laws to the agencies that administer such laws.

        The results of all medical examinations must be kept confidential, and maintained in separate medical files.
        I wear a Fez. Fez-es are cool

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        • #5
          Originally posted by Forever_frost View Post
          As far as I know, they can ask you questions that relate to your occupation. A cop having suicidal thoughts...sounds relevant. However, your best bet (as you seem enormously capable of) is to read the handbook that comes with new hires and see if it's stated you must give it up. If not, I'd tell them to speak to your attorney if they wish to really get into it.



          Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008This document was issued prior to enactment of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), which took effect on January 1, 2009.  The ADAAA broadened the statutory definition of disability, as summarized in this list of specific changes.



          Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business. Your employer may conduct voluntary medical examinations that are part of an employee health program, and may provide medical information required by State workers' compensation laws to the agencies that administer such laws.

          The results of all medical examinations must be kept confidential, and maintained in separate medical files.
          It was a patient at the VA having suicidal tendencies that he verbalized to the staff. It was the reason I was there.

          For the record, I am NOT receiving any benefits, but the director had told me to come back and he would see if I qualify for any. I have a thing about taking hand outs, I haven't been back.

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          • #6
            Originally posted by 03trubluGT View Post
            Isn't any disability status protected information from your civilian employer?
            Yes.

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            • #7
              If it wasn't on, or wasn't relevant to your application for employment, then it has no bearing on workplace injuries. You are under no obligation to divulge any medical information to your employer anyway (see HIPAA).
              "It is in truth not for glory, nor riches, nor honours that we are fighting, but for freedom - for that alone, which no honest man gives up but with life itself."

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              • #8
                knock knock



                who's there?
                THE BAD HOMBRE

                Comment


                • #9
                  Originally posted by helosailor View Post
                  If it wasn't on, or wasn't relevant to your application for employment, then it has no bearing on workplace injuries. You are under no obligation to divulge any medical information to your employer anyway (see HIPAA).
                  I just wonder if there is any prohibition to asking.

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                  • #10
                    be honest.. did you get beat up by a perp.. be honest.
                    THE BAD HOMBRE

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                    • #11
                      Originally posted by 03trubluGT View Post
                      I just wonder if there is any prohibition to asking.
                      I put up the ADA law for you
                      I wear a Fez. Fez-es are cool

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                      • #12
                        What happened man??
                        2012 GT500

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                        • #13
                          Originally posted by naynay View Post
                          be honest.. did you get beat up by a perp.. be honest.
                          You beating up cops again? I learned my lesson about that when i was 17 the hard way.

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                          • #14
                            Originally posted by naynay View Post
                            be honest.. did you get beat up by a perp.. be honest.
                            Not in the least.

                            Originally posted by Cobraman View Post
                            What happened man??
                            Guy tried to get away (evading), he lost and went to jail.

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                            • #15
                              pics of your broken nose?
                              THE BAD HOMBRE

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