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Cox Padmore Skolnik & Shakarchy LLP remains ready to serve you during the COVID-19 pandemic. We are prepared to provide you with continuous legal service and uninterrupted communication. We are also monitoring the legal impact of COVID-19 and we are available to discuss any questions you may have regarding the CARES Act, insurance coverage issues, including business Interruption insurance, or other issues. Please see below for a list of our practice areas. You may contact us by the usual means of telephone and email, which is encouraged at this time. We will promptly respond. Video conferencing is also available. In all, our firm remains committed to assisting you throughout this evolving period of legal, business, and safety concerns.

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  4.  | Do I have to wear a medical device provided by an employer?

Do I have to wear a medical device provided by an employer?

| Sep 15, 2017 | employment law

As an employee, you depend on each and every one of your coworkers to keep the wheels on the wagon for your operation. Many businesses looking to strengthen their core teams are now offering employees a variety of wearable devices that can help improve overall health and performance, but not all employees are ready to get on board with wearable medical devices, known as wearables.

An employer who offers employees tools to help them take good care of themselves is not only altruistic, it makes good business sense. Healthier employees generally perform at higher levels of excellence than sick or injured employees, after all. However, there are definitely limits to what an employer can require in the workplace. Even if an employer incentivizes you as an employee to use wearable health care devices, the employer cannot require you to do so as a qualification of your employment. Employees must use wearables voluntarily, in general.

However, employees who make the most of employer-provided wearables may potentially avoid a number of lost time conditions, and generally create a healthier, more vibrant workplace. Wearables can help individuals improve their posture, diet and exercise habits, among other things. Some insurers may even offer certain discounts if a large enough percentage of a workforce voluntarily uses wearables in the workplace.

If you believe that your employer is unfairly placing requirements on your behavior in the workplace, it is important to speak to an attorney who can advise you of your rights. Even a well-meaning employer should not overstep its bounds when it comes to an employee’s personal decisions.

Source: Travelers, “Wearables Can Help Keep Your Small Business Employees Healthy,” accessed Sep. 15, 2017

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