When you sign a First Report of Injury to file your workers’ compensation claim you may notice that you are also waiving your HIPPA rights as it relates to records that are, “causally or historically related” to your injuries. Injured workers are often asked to sign medical releases throughout the processing of their workers’ compensation claim. There is always a question regarding what medical information your employer and the BWC are entitled to receive.
Typically the BWC and your employer will ask for you to provide a list of providers that have seen you in the last ten years. It is important to know that they are technically only entitled to records related to injuries you have alleged as part of your claim. Most hospitals and doctors’ offices do not limit the release of your medical records. It is important that you contact them in advance if you do not wish for certain medical records to be released. It is also important that you notify your attorney if there are some records that you do not wish to be disseminated to your employer or the BWC.
While your employer & the BWC are entitled to review pertinent records they are not permitted to gain access to your entire medical history without your consent. Contact us if you have questions regarding the release of your medical records.