Summerville, SC asked in Workers' Compensation for South Carolina

Q: Is an employer allowed to accompany you to a dr appt and go into the exam room with you to determine if there is a

Workman’s comp claim?

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1 Lawyer Answer
Ilene Stacey King
Ilene Stacey King
Answered
  • Workers' Compensation Lawyer
  • COLUMBIA, SC
  • Licensed in South Carolina

A: Another person is allowed in the exam room only if you permit it. You are NOT required to permit your employer to accompany you in to the exam room. You have a right to a private exam. If you objected and the doctor let the employer in anyway, that would be a HIPPA privacy violation. If you did not object, there is nothing you can do about this now that it happened. But, for the future, you should make it clear that you do not agree for the employer to be in the exam room and want a private exam. Your employer DOES have a right to get your medical records if you are claiming a work injury. The employer also can talk to the doctor about the claim (after the exam) with you present.

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