Riddle & Riddle Injury Lawyers | March 17, 2021 | Workers' Compensation
If you have filed a claim for worker’s compensation benefits in North Carolina, your employer and their insurance company may ask you to sign a medical record release so they can communicate with your doctors and obtain your medical records. You may be asking yourself, “Should I sign a medical records release in my workers’ comp claim?”
The best answer is, it depends — and you should consult with an experienced North Carolina workers’ comp lawyer before releasing any medical records in your workers’ compensation case.
What Does North Carolina Law Say About Releasing Medical Records in a Workers’ Comp Claim?
This situation is addressed by the North Carolina Worker’s Compensation Act’s “reasonable access to medical information” section.
The statute is North Carolina’s attempt to balance two competing interests:
- the employees right to a confidential physician-patient relationship
- the employer’s right to have access to medical information relevant to the employee’s ability to return to work
In some instances, the rules under the statute are clear. For example, if you injure your back on the job and your employer sends you to an orthopedist to get your back evaluated, they should be able to get records from your orthopedist so they can know if or when you might be expected to return to work.
But unfortunately, many other situations are less clear.
For instance, in the same example, should your employer or their insurance company be able to get records from your primary care physician? In some instances, the answer is probably yes. Say the orthopedist referenced above said you need epidural steroidal injections, but he wants your primary care doctor to evaluate you first and confirm that you do not have an underlying health condition such as diabetes that would make these injections dangerous. In this scenario, the insurance company has a valid interest and should be able to obtain your records from your primary care physician.
However:
Many medical releases are very broad and cover all kinds of possible medical information that your employer and/or insurer may not really need.
Does an insurance company really have a right or valid interest in talking to your OBGYN? Or your psychiatrist? In most instances, the answer would be “no.”
Covered Dates in Medical Releases for Workers’ Comp Claims
Medical releases typically also have “covered dates” listed on them which stipulate what period of time released records will cover.
If you’ve been asked for a medical records release associated with a workers’ compensation claim, give careful thought to the covered dates.
Should an employer or insurance company be able to obtain medical records from before your date of injury? Again, in some instances they might have a valid interest. For example, if you had an underlying back injury that was exacerbated or aggravated by a workplace accident, then your employer probably has a valid interest in obtaining your pre-accident records to confirm that your accident really made your back injury appreciably worse.
However:
Employers and insurance companies do NOT have a right to simply go on a fishing expedition and start requesting medical records for no reason.
Medical Releases and Communication with Your Doctors
Another issue with medical releases is that they might grant an employer or insurance company the right to verbally talk to your doctor, or communicate with them by email.
This can be problematic.
Some unscrupulous adjusters could use such a release to try to influence your doctor and convince them to return you to work before you are ready.
The Bottom Line
If you’ve been asked to sign a medical release as part of a workers’ compensation claim, it is important to carefully review any documents before you sign, and talk to an experienced worker’s compensation attorney to know your rights.
Contact a Personal Injury Lawyer from Riddle & Riddle Injury Lawyers for Help Today
At Riddle & Riddle, our workers’ comp attorneys are led by a Board-Certified Specialist in Workers’ Compensation law. Attorney Adam Smith has been recognized by the NC State Bar for his experience and expertise in handling work injury claims, and is ready to help you however they can.
Before you sign a medical release in a workers’ comp claim, or take any important steps, please call us for a free consultation. We will review your claim and advise you on your best legal steps for pursuing compensation — including whether you should sign a medical records release.
Our priority is to protect our clients’ legal rights and get them the compensation they need and deserve.
The consultation is free and there are no upfront costs or attorney fees unless we get you the workers’ comp benefits you need and deserve. That’s our promise to you.
In cases in which a workplace injury results in long-term disability, our North Carolina Social Security disability lawyers can assist with those claims, as well.
Together, our personal injury lawyers have more than 220+ years of combined legal experience and since 2000 alone we’ve recovered more than $600 million in total compensation for our deserving clients (see disclaimer below).
We’re proud of the results we’ve secured for our clients, and humbled by the words they use to describe their experience working with our attorneys and staff.
“I would like to thank Riddle & Riddle for doing such a great job handling my workers’ compensation case.”
–Gregory S., Riddle & Riddle client
Please call 1-800-525-7111 or complete the fast and convenient form below for a FREE, no-obligation consultation with an experienced North Carolina workers’ comp lawyer.
Victims of workplace accidents deserve justice and we would love to help you if we can.
For more information, please contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a personal injury lawyer in North Carolina today. We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.
Riddle & Riddle Injury Lawyers – Raleigh Office
4600 Marriott Dr STE 500, Raleigh, NC 27612
(919) 876-3020
Riddle & Riddle Injury Lawyers – Charlotte Office
1914 J N Pease Pl Suite 142, Charlotte, NC 28262
(704) 486-5824
Riddle & Riddle Injury Lawyers – Durham Office
100 E Parrish St STE 200, Durham, NC 27701
(919) 728-1770
Riddle & Riddle Injury Lawyers – Garner Office
500 Benson Rd Suite 111, Garner, NC 27529
(800) 525-7111
Riddle & Riddle Injury Lawyers – Greensboro Office
7B Corporate Center Ct Suite 15, Greensboro, NC 27408
(336) 516-9066
Riddle & Riddle Injury Lawyers – Greenville Office
300 E Arlington Blvd Suite 2A #110, Greenville, NC 27858
(252) 397-8620
Riddle & Riddle Injury Lawyers – Goldsboro Office
601 N Spence Ave, Goldsboro, NC 27534
(919) 778-9700
Riddle & Riddle Injury Lawyers – Jacksonville Office
3391 Henderson Dr, Jacksonville, NC 28546
(910) 455-5599
Riddle & Riddle Injury Lawyers – Kinston Office
807 N Queen St, Kinston, NC 28501
(252) 397-8624
Riddle & Riddle Injury Lawyers – Fayetteville Office
2517 Raeford Rd, Fayetteville, NC 28305
(910) 387-9186
Riddle & Riddle Injury Lawyers – Wilmington Office
1608 Queen St Suite 12, Wilmington, NC 28401
(910) 889-4064
Riddle & Riddle Injury Lawyers – Winston-Salem Office
102 W 3rd St, Ste 1007, Winston-Salem, NC 27101
(336) 516-9042
*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.