Everyone wants to be able to trust his or her doctor. As an injured worker, you want to know that your doctor truly has your best interest at heart and is not easily swayed by others who may not. So the question is, does your employer have the legal right to talk to your doctor regarding your workers’ compensation case?
Legal or Breach of Trust?
The answer is: it depends on what state you are living in. In Florida, any medical records or reports and any information about an injured worker on medical bills are confidential. Illinois requires a consent to release information and the self-insured employer, carrier or claims administrator has the right to the medical records in order to pay benefits. In Georgia, HIPAA’s Privacy Rule allows workers’ compensation insurers, third-party administrators and some employers to obtain the necessary medical information to manage their workers’ compensation claims. That means that if your doctor can to some extent discuss your case with your doctor. O.C.G.A. § 34-9-207 states that when “an employee has submitted a claim for workers’ compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, that employee shall be deemed to have waived any privilege confidentiality concerning any communications related to the claim or history or treatment of injury arising from the incident.”
Why would my employer contact my doctor?
There are many reasons your employer may want to reach out to your doctor. Employers don’t always understand the extent of your injuries, especially if you come back on restricted status even after you appeared healed. They might question the doctor the purpose of the restriction when in fact they think you look fine. Some employers may think you are being lazy and actually are not restricted, so they pursue a conversation with the doctor to clear this up. If you are an “at will” employee, this situation can be scary. In Georgia, at-will employees can be fired for any reason at any time. This includes while they are out on disability or on light duty status.
What mistakes can I avoid making with my workers’ comp doctor?
In order to potentially keep your doctor from damaging your claim there are a few things to remember.
- Do NOT delay medical treatment. Anytime you are involved in a workplace accident make sure to get prompt care even if you don’t think you were injured. Remember, some injuries take days or longer to manifest and you could put your own health at risk in addition to creating a future dispute with your claim.
- Do NOT miss appointments. The very act of missing an appointment can raise red flags so don’t give anyone a reason to talk.
- Do NOT lie about your medical history. Your doctor needs to know the truth about your history and nothing but the truth if you want him to give you the proper treatment. If you fail to disclose facts, it not only goes to character it can impede your treatment.
- Do NOT minimize your symptoms. It is essential that your doctor know what level of pain you are having and how much it is limiting your ability to work. Make sure it is documented so that you don’t get sent back to work while you are still recovering.
5, Do NOT stop treatment before you are healed. This can jeopardize your health and delay your recovery. This is a great time to have a discussion with your attorney and make sure to get advice on when to return to work.
- Do NOT forget to take excellent notes. Keep track of all MD appointments in a log and note how your recovery is going at each stage. These notes may prove vital in the future if your claim is ever in dispute.
If you have been hurt on the job, contact an experienced workers’ compensation attorney to get answers to your questions. Your attorney can discuss your situation, your legal options, and help you understand exactly what your rights are.