Should You Release Your Medical Records for a Workers’ Compensation Claim?
Accidents happen at work, and when they do, the employee may need to file a workers’ compensation claim to cover medical costs and lost wages. To substantiate such claims, the insurance company will typically request your medical records.
This request often leaves many employees wondering whether presenting their medical records is necessary, or if it puts them in a vulnerable position. If you filed a workers’ compensation claim and were asked by the insurance company to release your medical records, you might want to consult with an attorney before you sign anything. Our Gaithersburg workers’ compensation attorneys at Berman | Sobin | Gross LLP can protect your rights throughout the claims process.
What is a Medical Records Release Form?
When you file a workers’ compensation claim, the insurance company will want to see your medical records. The medical records release form is a document that authorizes your healthcare provider to release your medical records to your employer or insurance company. In most cases, you will have to sign this release before claiming workers’ compensation benefits.
What Information Is the Insurance Company Looking for?
The insurance company is looking for verifiable evidence that the injury you sustained happened at work and that it was not an existing health condition. Your medical records provide such evidence and can help the insurance company determine the extent of injuries and the amount of compensation to be paid. In addition, the insurance company will want to know if you have any pre-existing medical conditions that may affect your claim.
Having a pre-existing medical condition could be grounds for the denial of your claim. Another ground for denying your workers’ compensation claim is if you fail to report your work-related injury in a timely manner. Injured workers in Maryland have only 10 days to report work-related injuries to their employer (Maryland Code, Labor and Employment § 9-704).
Should You Release Your Medical Records for a Workers’ Compensation Claim?
Deciding whether or not to release your medical records for a workers’ compensation claim is not an easy decision. However, withholding medical records can hurt your chances of getting compensation. It could lead to delays in the processing of your claim, denial of your claim, or reduced compensation. If the insurance company asks for your medical records, it would be best to consult with an attorney to determine if you should release your medical records.
Consult with a Workers’ Compensation Attorney Before Signing Anything
Speaking with a workers’ compensation attorney before signing anything is always a wise decision. An attorney can help you understand what information is requested and whether it pertains to your claim. They can also negotiate on your behalf to secure a fair compensation package. If you feel unsure or uncomfortable about releasing your medical records, speak to an attorney who can guide you through the process.
Get a Free Consultation
When you file a workers’ compensation claim, it is essential to know your legal rights and obligations. Our experienced attorneys at Berman | Sobin | Gross LLP can help you navigate the legal system, ensure that your rights are upheld, and get the compensation you deserve. Reach out to our office today to schedule a free case evaluation. Call 800-248-3352.
