Did You Have Prior Accidents, Injuries Or Have You Returned To Work?
by Rosalind Asch-Hobeck
When a workplace injury occurs, employers or insurance carriers may request that you sign a HIPAA release to access your medical records. They might also ask whether you've experienced previous injuries, such as those from work, motor vehicle accidents, or slips and falls. If you're represented by an attorney, it's appropriate to direct these questions to them.
Transparency about prior injuries is important. Insurance carriers often verify medical histories through various sources, so it's advisable not to withhold information about previous injuries to the same body part, whether work-related or not. Inconsistent information can lead to concerns about fraud, potentially impacting your eligibility for certain benefits.
If you choose to sign a HIPAA release form, you may want to provide the names of healthcare providers who previously treated the same condition. This can help ensure you're not signing a completely blank form. But always speak with your lawyer before signing any forms for the insurance company.
If you've returned to work while continuing to receive indemnity payments, be cautious. Receiving payments without disclosing your return to work may be detrimental to your case and you should always tell you lawyer when you return to work. They can explain your eligibility for continued indemnity payments if you return to work with a lower salary and remain partially disabled. If you return to work at the same or more weekly earnings as when you were injured, you are not entitled to continue receiving weekly benefits.
Informing relevant parties, such as the insurance carrier and the Workers’ Compensation Board, about any work status changes is important. If you have a lawyer, they will know who to inform.
Navigating the workers' compensation process can be complex. The Board’s website provides helpful resources, and consulting a workers' compensation attorney can help clarify your options, rights and obligations. Attorneys specializing in this area are familiar with the process and can help you each step of the way.
