If you are injured at work and decide to file a claim, your employer’s insurance company will seek to learn more about your injury in order to assess the validity and value of your claim. Oftentimes they do this through a records request. But what kind of information can the insurance company legally get their hands on during a work comp records request, and how can they use this information when evaluating your case? We answer these questions and more in today’s blog on workers’ compensation records requests.
What Can Be Revealed During A Workers’ Compensation Records Request?
If you’re claiming that you suffered legitimate and compensable injuries while performing work-related duties, you can expect that your employer’s workers’ compensation insurer will want to take a closer look at your injuries, and they can do this because of the Workers’ Compensation Medical Records Disclosure Act. This act is a federal law that allows employers and their insurers access to medical records that pertain directly to a work-related injury or illness. This includes documents like:
- Medical reports
- Doctor’s notes
- Diagnostic results
- Imaging records
- Treatment recommendations
- Receipts associated with medical care
This is all pretty standard, and if you truly suffered an on-the-job injury, you shouldn’t be overly concerned about having to provide access to medical records related to the care you received related to that injury. However, that might not be the end of the digging the insurance company does into your life.
They will also be granted access to some information pertaining to your job. Paystubs and tax return information can help them establish a fair wage loss payment, but they will also have access to things like:
- Performance reviews
- Disciplinary action
- Attendance records
- Time cards
- Vocational assessments
- Job descriptions
Their investigation may go even further if they have reason to believe that a person may not be telling the whole truth about their injuries. It’s not unheard of for insurance companies to perform a background check on an individual, comb through their social media profiles or even hire a private investigator to learn more about the individual to see if they are truly dealing with the symptoms they claim to be suffering from. This is why we always tell clients to be truthful (but also avoid oversharing) when telling their version of events to a claim’s adjuster or treating physician. You’d be wise to remember that the insurance company may be paying you out, but they are not on your side, and they will be looking for ways to minimize their liability and your payout. Don’t make their job easier by lying or skirting the truth.
For more information about what information the insurance company may seek access to following a work injury, or for help with any aspect of your injury claim, we hope you’ll reach out to the team at Hey Workers today at (844) 439-9675.
