I got hurt at work and have been on the Workpace Safety & Insurance Board (WISB) as a work injury. When I spoke with WSIB, the representative said that my employer mentioned to them a week medical leave of absence that I took months ago. The leave had been in regards to mental health and has nothing to do with my injury.

The representative on the phone also stated that it shouldn’t have been mentioned. Has this breached my confidentiality? If so, what can I do about it?

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    Where are you? It is possibly a HIPAA violation. – paparazzo Oct 29 '18 at 8:03
  • WSIB is certainly applicable in Canada, but could potentially be a valid board in other countries too. Can you confirm your location please? – AdzzzUK Oct 29 '18 at 13:36

If you suffered damage to your reputation or employability because they slandered you that you can prove, absolutely. They have no business repeating what they did.

You must be able to identify the exact damage and prove it. It would be better if you had some other examples of the same kind of behavior out of them as well.

It is not a HIPAA violation unless a medical person (company nurse) is the one who leaked the info in the US. In spite of what is said below, I have yet to see anything in writing that it is other than medical personnel.

  • In addition, it can only possibly be a HIPAA violation in the US. – Martin Bonner supports Monica Oct 29 '18 at 14:31
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    HIPAA violation can most certainly be non medical person. The data itself is considered confidential and anyone who leaks it could be held in violation. The company most certainly could be. US Only, not relevant to the original OPs question, which sounds like is Canada. – Bill Leeper Oct 29 '18 at 16:04
  • That is not correct. HIPAA requires employers to keep some medical information confidential. For example data must be encrypted and secured. Not a task for medical person. – paparazzo Oct 29 '18 at 18:28
  • I have looked before and have never found anything in writing that proves that the HIPAA act includes non-medical personnel. However, anyone can be culpable for spreading someone's personal information. – Den Warren Oct 29 '18 at 18:41

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