Many WorkCover clients have asked us whether their employer is legally able to insist on attending their medical appointment. The answer is simple and it is No.
This is an intrusion on a person’s private and confidential medical appointment and there is no law that permits it. It is simply a breach of privacy.
The practice of employers inviting themselves along to employee’s medical appointments is becoming more frequent, particularly when a workers compensation claim is involved. We are becoming aware of situations where case managers and representatives of insurance companies are also requesting to attend these appointments.
If your employer asks to attend your medical appointment or tells you that you do not have a choice, they are wrong – the choice is entirely yours.
The WorkCover legislation sets out requirements for employees and employers that are intended to encourage and facilitate a successful return to work. These requirements do not extend to having your employer or a representative of the insurer attend your private medical appointment.
To clarify the position, the Fair Work Ombudsman released a statement on 27 September 2012. The document states that the Ombudsman does not condone or support employer’s attendance at medical appointments and sees no reason why they should seek to do this, unless specifically requested to do so by the employee.
If you require advice from a Personal Injury expert, contact Adviceline Injury Lawyers on (03) 9321 9988 for an obligation free discussion.