It is a fairly common practice for employers and their insurance companies to request medical history records when investigating a workers’ compensation claim. The rationale behind this request is that the insurance company will want to know exactly what medical treatment is being undergone in an effort to make its best assessment of how much funding needs to be provided in order to cover said treatment. While this may seem like a practical intent, often the true intention is to pay less and find an excuse in the records to do so.
If this is indeed a trap being set for you, do you as an injured employee filing a workers’ compensation claim have to provide your medical history records? The simple answer is that, yes, it is the right of the insurance company to be able to acquire medical records for the sake of making an accurate assessment of treatment needs and costs. That being said, there is a major caveat that plays into this: they are only entitled to medical records that are relevant to the workers’ compensation claim.
This is an important distinction to make because it means that the insurance company cannot use previous medical history to influence your workplace injury situation. If they ask for you, it is fully within your own rights to deny them any records that are unrelated to the workers’ compensation claim. Due to this right, you should never provide any more records than necessary, as the insurance company can and will use it against you.
When it comes to managing a workers’ compensation case, the legalities of it can become overwhelming quickly. That is why it is always a good idea to consult with an attorney before providing any information or asking any questions. To learn about we at the Franco Law Firm can help you through to win your workers’ compensation case, please call us at (813) 872-0929 and schedule a free consultation with us today.