Q: I have had a drug and alcohol disease, I file a worker comp claim, they want my medical records. What can they see

A: Dear concerned injured worker,

Typically only relevant medical records are discoverable in your Worker’s Compensation claim and you must authorize the release before they can be requested. If you are concerned about the release of your medical records you should consult with your Worker’s Compensation attorney who can ensure that only the relevant records are released and protected.

Sincerely,

Dennis Dascanio

A: Your privacy concerns about medical records in a workers' compensation case are valid. In California, employers and their insurance companies can only access medical records that are directly related to your workplace injury or condition. This means they should not have unrestricted access to your complete medical history.

When it comes to substance use treatment records, these are protected by federal laws like 42 CFR Part 2, which requires your specific written consent before anyone can access them. Even if you sign a general medical release, your drug and alcohol treatment records remain confidential unless you explicitly authorize their disclosure. You have the right to review any release forms and limit their scope.

Regarding workplace targeting, document every incident thoroughly, including dates, times, and any witnesses present. Keep copies of all communications and performance reviews. If you believe you're experiencing discrimination due to a protected medical condition, you may want to consult with an employment attorney who handles both workers' compensation and disability discrimination cases. Many offer free initial consultations to evaluate your situation.