A caller asked:
“I was injured on the job recently and the insurance company sent me a a form they want me to sign. It allows them to get all of my medical records from back to when I was born. It feels really invasive. Do I have to sign that?”
The short answer is no you don’t and the slightly longer answer is that you should never sign anything they give you without having an attorney review it first.
This caller was upset because her accident was caught on video and while she “has nothing to hide” she didn’t want to be taken advantage of. That is smart and makes sense.
Under Illinois workers’ compensation law, the insurance company does have a right to any medical records that relate to your injury. That includes access to any records after the accident date that you are seeking payment for or any care before the accident that relates to the same body part.
So if you hurt your back a month ago, they can have access to your medical records for your back problems when you hurt it in high school, but they can’t have access to your records discussing your treatment with your psychologist about marriage problems or your OBGYN records unless somehow those records have to do with this new work injury.
In other words, if you are claiming PTSD too from the job accident then looking at your psychologist records is fair game. If you aren’t then it should be off limits.
What you really need to know is that insurance companies are fishermen. They are always going to be fishing for something, anything that gives them a reason to deny your case or limit what they pay out on a case. It might be b.s., but if they see ANY REASON to deny you they will in hopes that you’ll go away.
So you don’t sign anything or do anything that makes their fishing expedition easier. You always tell the truth, but you don’t give them access to information they have no right to look at.
Does this make sense? Any questions or concerns about anything? Fill out our contact form or call us for a FREE consultation with an experienced, easy to talk to lawyer.
