is the employer entitled to look medical records of their employee
when injury sustained at work?
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on Friday, March 12th, 2010 at 3:10 am and is filed under Injuries.
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The employer has very little say in any of the process once you are hurt at work, don’t let them scare you. The insurance company, however, does have access and will definately look. Of course if they find something that will get them off the hook, of course it will get back to your employer.
If your employer is paying your workers’ comp Yes When I had a company in the state I did all the investigation my self as the insurance don’t give a hoot
Depends on the state but in general a request to seek medical records with non-relevant information redacted is common in most states.
It depends on the state, but in most cases yes….only those regarding the injury as well as any drug or alcohol tests taken at the time…
no prior records or those not pertaining to the injury, the workers comp insurance can look to see if there is something in prior records to let them off.
It depends on who is going to pay for your disability.
If they are going to pay then they can, it makes no sense to pay with no proof of the injury, of course this is only limited to the work realted injury (he can’t ask for your complete medical history).
THis DOES NOT depend on state laws, this is a federal HIPAA rule,
and WC is expressly expemt from HIPAA rules. Further, HIPAA only
applies to qualifying providers, not the general public. ie, if
your neighbor has knowledge of your medical issues, there is no law
that prevents that person from divulging that information. The
employer/carrier IS entitled to any and all of your medical
records. They are ONLY liable for permenant/partial disability
resulting from THIS injury. If there are prior industrial
injury/illness, or even non industrial issues that could be found
as contributing to your resulting impairment… that portion would
be evaluated and a % determined to reduce the indemnity due under
your PD rating. There should however be ONE person handling your
claim, the CA/claim adjuster compiling your file, and the employer
or your supervisor is not entitled to those records. The ONLY
medical information your immediate supervisor/boss would be
entitled to is that of any restrictions placed on you by your
treating physician. Nothing more. No diagnosis, or treatment plan
is necessary for your fellow workers. Even IF your employer is
legally self insured and paying out of their pocket for your
treatment/benefits, there would be only the one person, or dept,
handling your claim, and that person/dept is the only party
entitled to your medical records. Artman..Stacy, honmani2,.
employer/carrier is entitled to ALL medical records, not just those
related to the injury. LilMsD….aggreviation of a pre exsisting
condition is often, and generally is compensable in a work injury.
There are often times where the underlying condition must be
treated first, at the liability of the employer/carrier, before the
actual injury can be treated. Careful of your opinions folks…best
to read the WC statutes of your state before offering “advice” on a
message board. Most of what is posted here is not fully true.