I recently read an article about medical privacy laws and it said that injured workers have it worse than anyone, including prisoners. Many injured workers are left to either disclose sensitive personal medical information or not pursue a claim at all. Of course, the insurance company hopes you choose the not at all route.
The article was written about work comp in general and was not targeted toward Illinois. I’m sure in some states that if you get injured on the job you have to turn over all of your lifetime medical records if asked. That is NOT the case in Illinois.
Under Illinois workers’ compensation law, the insurance company can ask for anything, but only have a right to view medical records that are related to your injury. So if you hurt your back on the job and also were in a car accident five years ago, they can access those old records if it mentions your back. But if you had a concussion with no back injury in that accident, they have no right to see that information.
The bigger concern is them having access to more sensitive records. This can include treatment for psychological issues, pregnancy, sexual assault, cancer care or anything else. The Illinois Workers’ Compensation Act protects you. You don’t have to share or discuss any of these things unless it somehow relates to your work injury. You are protected from sharing anything you don’t want to because it’s stigmatizing or could affect your present or future employment.
Of course, insurance companies bush boundaries. When they send you a medical release form, it typically allows them to access any and all medical records. They will tell you that if you do not sign it that it will delay your claim and may result in it being altogether denied.
Do not believe them. Yes, they have a right to medical records related to your injury. But one of the first things we do as Illinois work comp attorneys is limit the scope of the medical authorization and release form. We will cross out any language that says they can get all or most of your medical records and make sure it is limited to just treatment related to the same body part.
And in some cases, your injury is so obviously new and from a work accident that they do not need to access anything other than your current medical records.
Your right to privacy is important and should be protected. And that really is the best thing an Illinois work comp attorney can do for you. If they are not protecting you then what good are they?
