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Privacy and your Workers’ Compensation Claim

Workers’ compensation insurance is required in all states for eligible companies. This is to ensure that employees with work-related injuries will have the financial assistance they need to get medical attention, sustain them until they are able to get back, and disability benefits for those who may not be able to get back to work at all. But like with any insurance company, the default stance is to deny a claim and barring the fact that the injury is not work-related, the next best thing is to find grounds for denying the claim based on medical records and other private documents.

Under normal circumstances, medical records are confidential but insurance companies have the right to gain access to relevant information to investigate a workers’ compensation claim. The main purpose is to find evidence that the claim has no medical merit. However, some insurers make a practice of obtaining medical records that can have no possible relevance to a current claim.

According to the website of Abel Law Firm, in some instances, insurers make a point to delve into a claimant’s social network accounts under the guise of investigating a claim such as for disability. Aside from looking for evidence that the claimant is fit to go back to work, it is speculated that these tactics are also designed to pressure claimants anxious to keep their medical records private to drop a claim.

While it can be hard to prove that insurers are abusing their prerogative to access personal records, a claimant can avoid it in the first place by retaining the services of a competent workers’ compensation lawyer to deal with insurers. In that way, the claimant’s privacy is protected as much as possible under the law, and the insurer gets the message that the claimant cannot be intimidated.

If you are uncomfortable with the information the insurer is asking you to surrender, consult with a workers’ compensation lawyer first to find out your legal options. You have the right to keep your private business from prying eyes, even when claiming for workers’ compensation. Consulting with a lawyer who specializes in workers’ compensation claims is vital in assuring the claimant receives the desired outcome.

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