Philadelphia, PA asked in Workers' Compensation for Pennsylvania

Q: Workers Comp medical records.

Had a disposition recently for Workers Comp claim. My lawyer is confident that insurance company will want to settle for lump payment. However I just discovered that my lawyer has never requested my medical records. How is it possible for him to serve my best interests when he has never read any of the medical reports? The case has been going on for nine months. What if any recourse do I have at this point?

Related Topics:
1 Lawyer Answer
Timothy Belt
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Hazleton, PA
  • Licensed in Pennsylvania

A: Just because a lawyer has not requested medical records does not mean he does not have the medical records. Medical records are exchanged as part of the discovery process and they are almost always requested by the lawyer representing the insurance carrier. When the defense lawyer receives the records he is required by law to provide these records to the lawyer representing the injured worker within 15 days of receipt. If you are concerned, call your lawyer and ask him if he has the records, but do not assume that because a request did not go out from his office that he does not possess the full medical record.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.