When an staff member ignores directions from a doctor, who’s responsible when the staff member causes a serious accident on the job?
In some cases, it’s your firm that ends up on the hook â.” both for workers’ comp and for other people ’s injuries caused by misuse of a prescription drug.
Situations like these raise three questions that even HR/benefits pros have trouble answering. Just how are you â.” or supervisors â.” supposed to know what meds individuals are on and whether they’re taking them as directed by their doctors?
In most cases, you won’t.
Are you able to figure out without violating HIPAA or other laws?
You can’t, unless the employee volunteers the info or a physician notes the effects of medication being the reason for the accident.
So when you won’t know and can’t find out, how on earth can your firm be held responsible after the fact?
It all depends on the circumstances. Three key danger signs -
o A supervisor already has knowledge of an employee’s medical condition, when not the meds themselves. Example – the staff member requested a schedule change and said it was due to a particular medical problem
o The individuals has a history of erratic behavior that management suspects is medication-related, and/or
o The employee’s job involves potentially dangerous situations.
Spotting possible danger
A Florida case (Johnson v. Rentway) is a classic example of the two of the three big danger signs.
1. The supervisor knew an employee had insulin-dependent diabetes.
2. The employee was under doctor’s orders to take insulin at specific times, which required the corporation to adjust the employee’s schedule.
But as a result of short staffing, the employee was often forced to work shifts that overlapped with times he was supposed to take injections.
What’s more, the worker worked a potentially dangerous job (he was a professional truck driver).
In conclusion, the inevitable happpened. The worker suffered a diabetic blackout at the wheel, causing a serious crash that injured himself and another driver.
The employee filed for workers’ comp, and the injured driver sued the organization. The firm fought â.” and lostâ.” both cases. Total cost – $5 million.
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