Q: Do I have to release ALL of my medical records for a workers' comp claim?
I broke my hip at work. I understand the need to view any past orthopedic injuries, for example, when determining benefits in a workers' compensation claim. I am not opposed to releasing relevant medical history. But do I have to release information pertaining to substance abuse/mental health? I used to have some issues that I'm not comfortable disclosing to my employer. And I don't really see how it's relevant. The claims adjuster sent me a release form to sign that includes substance abuse and mental health, so I want to know if I can make changes to the release. Can I limit the scope of the disclosure? I live in Northern California.
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A: You need to hire a Workers Comp Attorney to adddess your claim and protect you from the insurance carrier and all their tricks. As a prior claims adjuster and insurance attorney, they will are not your friends and will do anything to shift the blame against your prior medical pasts away from the industrial accident. Look for a Workers Comp Attorney. Most offer free consultations and only charge 15% of the settlement.
A: Never agree to release any Mental Health/Substance Abuse records unless and until you are filing a claim of injury to Psyche. You never have to release records on HIV/AIDS testing and treatment. Cross out any agreement on mental health and substance abuse treatment records and HIV records, and only agree to release the records to the insurer's PHYSICIAN not to any agent of the insurer...and limit it to just 6 months. If they want a new set of records after 6 months, they can issue a new release form.
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