The New York Times
The Washington Post
USA Today
San Jose Mercury News
CBS This Morning

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

Medical RecirdThe 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.

What is a Medical Release Document?

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.

Should I Sign the Medical Release?

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.

Cases Will Vary

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.

Client Reviews
I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
Best Law Firms
American Board of Trial Advocates
2010 Street Fighter of The Year Award Finalists
Irish Legal 100
The Best Lawyers in America
Santa Clara County Bar
Super Lawyers
The National Trial Lawyers
California Lawyer
Top One
Santa Clara County Trial Lawyers Association
Public Justice Trial Lawyer of The Year