Blog/FAQs

Can Workers Comp Ask for Medical Records

can workers comp ask for medical recordsWorkers’ compensation is a type of insurance that provides benefits to employees who are hurt or injured on the job. It provides medical benefits, wage replacement, and other forms of support for employees who suffer work-related injuries or illnesses. However, there are many questions regarding the workers’ comp system. One of the most frequently asked ones is: Can workers’ comp ask for medical records?

Here’s what you should know.

What are Medical Records?

To start with, medical records are a vital source of information for workers comp cases, as they contain information about the employee’s injuries or illnesses, as well as the treatments they have received. Medical records can provide valuable evidence in building a case for benefits or disputing the denial of a claim. As a result, it’s common practice for workers comp agencies to request medical records as part of the claims process.

However, these agencies aren’t entitled to obtain all of your medical records. They’re only entitled to access the medical records that are relevant to your work-related injury or illness. Additionally, they can only access your records with your consent. Therefore, you can’t be forced to provide your medical records to workers comp without your consent, unless a court order is obtained.

It’s important to note that only authorized individuals, such as an employee’s treating physician, medical provider, or workers’ compensation insurer, can access and review an injured employee’s medical records. Workers’ comp agencies are required to follow specific privacy regulations and protect the confidentiality of your medical records.

What Entitles Workers’ Comp to See Your Medical Records?

If the workers’ comp insurer provides medical treatment, they’re entitled to review your medical records to determine what treatment is necessary for your work-related injury or illness. They can also request additional medical examinations to verify your condition or diagnose your injury or illness.

Workers’ compensation agencies have the right to request medical records relevant to your work-related injury or illness. However, they can’t obtain all of your medical records without your consent. They must follow strict privacy regulations and protect the confidentiality of your medical records. Allowing workers comp access to your medical records can help expedite your case and ensure that you receive the benefits that you are entitled to. If you feel uncomfortable about providing medical records, it’s best to speak to an attorney. They’ll help you navigate the sometimes complex workers comp system.

For more information or to schedule a consultation to discuss your options if you’ve been injured, contact Shugarman & Mehring at 410.783.4200 or toll-free at 888.342.7200.

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