Can Workers’ Compensation Get My Medical Records and Talk to My Doctor Behind My Back?

The general rule is workers’ compensation insurance carrier is allowed to get your medical records. It is typical for the insurance company to get records when you are first injured in order to investigate the claim. They can only do this with your signed consent and any such consent should be of a limited duration. Also, when a petition is pending before a workers’ compensation judge, workers’ compensation may subpoena medical records that are material and relevant to the petition. Your attorney is also required to produce any medical records in their possession they want to use in your case. This includes records for work-related treatment, and could also include records for treatment that was not work-related.

However, the courts have held that the PA workers’ compensation insurance carrier, employer, nurse case manager or defense counsel are not permitted to talk to your doctors if you are represented by an attorney without the attorney being present. They are not allowed to discuss your treatment, recommend other treatment options, or in any way attempt to influence your treating doctors. This is because your doctor must be loyal you, cannot risk disclosing medical information that is irrelevant to the workers’ compensation claim, or be accused of breach of privacy. Also, direct communication with your doctor is not allowed as defense counsel may seek to improperly influence the doctor or convince him not to testify on your behalf. When an injured worker files a workers’ compensation claim, she is putting her physical condition under the legal spotlight and the Workers’ Comp Insurance carrier is entitled to medical records. The treating doctor owes a duty of loyalty to the patient; however, and the doctor /patient relationship still exists. The WC defense attorney does not have the right to speak to the doctor unless the patient or her attorney agree. This is a complicated area of law and medicine and there are overlapping duties and requirements. As a general rule, medical records are disclosed in a comp claim. Anything more than that such as the treating doctor speaking to the WC insurance lawyer may be privileged; even when the doctor is a panel doctor, ie, on the list of medical providers with which the injured worker must treat during the first 90 days of treatment.

If you have any questions or concerns about your Pennsylvania workers’ compensation benefits or improper communication with your doctor, call the attorney at Calhoon and Kaminsky P.C., for a free consultation, a free case review or free case management.

The law firm of Calhoon and Kaminsky P.C., represents injured workers and Social Security Disability applicants throughout Pennsylvania, including (but not limited to): Allentown, Altoona, Bellefonte, Bethlehem, Bloomsburg, Carlisle, Chambersburg, Easton, Enola, Fayetteville, Gettysburg, Harrisburg, Hazelton, Hollidaysburg, Huntingdon, Lancaster, Lebanon, Lewisburg, Lewistown, McConnellsburg, Mechanicsburg, Mifflintown, Millersburg, Milton, New Bloomfield, Newport, Philadelphia, Pittsburgh, Pottsville, Reading, Scranton, Shippensburg, State College, Sunbury, Uniontown, Washington, Wellsboro, Wilkes-Barre, Williamsport, York and all cities and towns in Adams County, Allegheny County, Berks County, Blair County, Bucks County, Centre County, Chester County, Clinton County, Columbia County, Cumberland County, Dauphin County, Fayette County, Franklin County, Fulton County, Huntingdon County, Juniata County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Mifflin County, Montgomery County, Northumberland County, Perry County, Philadelphia County, Schuylkill County, Tioga County, Union County, Washington County and York County, Pennsylvania.

Calhoon and Kaminsky P.C.
2411 North Front Street
Harrisburg, PA 17110
1-877-291-9675