Do the ADA's confidentiality requirements apply to medical information regarding an applicant's or employee's occupational injury or workers' compensation claim?Do the ADA's confidentiality requirements apply to medical information regarding an applicant's or employee's occupational injury or workers' compensation claim? Yes. Medical information regarding an applicant's or employee's occupational injury or workers' compensation claim must be collected and maintained on separate forms and kept in a separate medical file along with other information required to be kept confidential under the ADA. An employer must keep medical information confidential even if someone is no longer an applicant or an employee. The ADA allows disclosure of this information only in the following circumstances: - supervisors and managers may be told about necessary restrictions on the work or duties of the employee and about necessary accommodations; - first aid and safety personnel may be told, when appropriate, if the disability might require emergency treatment; - government officials investigating compliance with the ADA must be given relevant information on request; - employers may give information to state workers' compensation offices, state second injury funds, and workers' compensation insurance carriers in accordance with state workers' compensation laws; and - employers may use the information for insurance purposes. |
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