P.I.A.B And Respondent (Confidentiality)

sliproad

How far should documents from piab travel down a large company structure. This is the document of notice that there is being a claim sought against the company which includes medical report stating the injurys.

Should these documents be passed through a company structure down to the line manager of the employee, or should these documents proceed not futher than the person it is addressed to ?

Tom Young

The answer is probably not.

sliproad

I was thinking that this probably should not be necessary to get down to that low of a level. I still am unsure about the medical report included in the documents. I dont understand the security of medical documents or what an acutal medico-legal report is. Does the claimant waive his rights of data protection when one of these reports are sent. The reason I ask is when you read some court judgements you can read medical details. I am not sure who is entitled to view them before a case goes to court.

I am confused as to how a line manager would have been given access to these reports and is this a legal issue or data protection ?

Tom Young

Firstly, please say no more if you are either an employee or the claimant/plaintiff here. No more detail I mean.

Secondly, the PIAB documentation and claim as sent forward would detail the issues arising in terms of the claimant/plaintiff. To the extent that these are issues claimed by the claimant/plaintiff as against the potential respondent/defendant. The respondent/defendant would in the normal course be furnished a copy of the various particulars and statements of claim in the case, to include medical reports if appropriate to the registered office or address of the claimant/defendant. In general, the course or route would be to furnish same to either the company insurer or legal representatives, whether internal or external.

In terms of bottoming out the issues and preparing a response to the PIAB assessment, that may be furnished to other people including line management in the organisation to get detail or find out the circumstances within the claim.

The data as contained in the PIAB claim and as furnished is sensitive to the extent that it details a claim against a respondent/defendant. The data should be treated as sensitive in terms of republication and use in terms of the Data Protection Acts, but the company would not necessarily be doing anything incorrect by sending the information to employees and line management to check the claim, etc. They would be a data controller and in terms of the DP Act, and should act accordingly with the employee or former employee data.

The PIAB assessment may be publicly available, so bare that in mind.

What did you have in mind?

Tom

sliproad

Tom,
Thank you for your help.

I have quite a lot on my mind regarding this. I am trying to be carefull not to disclose anything. I am not sure if a line manager would be the right title for the position but normally this position is forbidden to view medical details of people below it. I am confused as to what would make these medical details any different.

I am thinking of making an approach to the top position within, asking why my medical details were in the hands of the position. I just want to be sure that I have good reason.

Tom Young

This is quite subjective and circumstantial. If you are seriously concerned address the HR division on the subject or the legal rep. The company might be within their rights to have the line manager check the claim and include certain details including medical records.

Unless you can indicate why they should not. Don't do that here.

This forum does not allow for legal advice. You might want to consider a solicitor.

sliproad

I am not taking it that serious as to bring it any futher than my place of employment.
I suppose the answere I am after is a medico-legal report any different than normal doctors notes.

nuac

Sliproad, imho an employer receiving a claim is entitled to refer relevant details to any other employee who have dealt with any aspect of it, or may have relevant information,

Further they are entitled to refer file to legal and medical team. Many also refer details to private investigators for checking.

You should also remember that if your claim goes to Court, those proceedings including all evidence will be in public.