Should I Sign Medical Release Documents After a Work Related Injury?

The actions one takes following an injury sustained at work are crucial. First and foremost, if you are injured at work, assess the damage and seek medical attention as soon as possible. Also, make everyone on the medical team aware that the injury occurred at work because some facilities have specialized treatment and record-keeping protocol for these instances. Additionally, inform your supervisor of the injury. Your supervisor will complete an incident report, which is a legal document detailing the events leading to the trauma. This documentation will become part of any potential investigation. The company’s insurance company will send paperwork for their records, one of which is a medical release document. Before you sign anything, there are a few details worth your consideration.

Due to the Health Insurance Portability and Accountability Act (HIPPA) in the United States, a doctor or other healthcare provider is unable to discuss a patient’s care or records with anyone, unless directly approved by the patient. The insurance company will likely request that you complete a medical release document. In most cases, the request enables the insurance company to access your medical records from birth until now.

When signing a legal document of any kind, it is good practice to have an attorney review the paperwork. Most companies have an entire legal team drafting these documents to protect the interests of the company itself, not necessarily the associates. Having an attorney on your side to protect your interests as an individual is never a poor decision. With that being said, there is no reason to allow the insurance company access to all of your personal records. The company has no legal right to speak to your doctor unless you give it to them by your own free will. While they do have some rights to the information following the surgery, the blanket request for all medical history is typically unnecessary. There is no good reason protecting your interests that they would need that information.

The information provided is only a generalized recommendation. You should discuss your specific situation with a proven San Jose, CA workplace injury attorney for a personalized consultation. Each situation is unique and requires investigation and attention to detail to identify the responsible party and to recover the compensation that will address your financial needs. At Corsiglia McMahon & Allard, L.L.P., we work diligently to uncover the facts of the case and work to earn money owed to you. Call us today at (408) 289-1417 to schedule a no-cost, no-obligation consultation.

• OSHA Injury and Illness Recordkeeping and Reporting Requirements
• Health Insurance Portability and Accountability Act