A common question from employers is “Can you access your workers medical files?” Short answer, is if your worker is seeking compensation for an illness or injury that occurred at work, they do not have the right to complete privacy on their medical files.
An injured worker made a worker’s compensation claim for a right shoulder injury. This claim was declined by Comcare as it could not be proven that the injury was sustained during work duties – the worker appealed this decision.
In the proceedings, Comcare served a summons for the worker’s medical records from the medical practice that the worker was receiving treatment. The worker protested against Comcare having access to her medical files as she felt they were not relevant to her workers compensation injury. The worker requested that any medical files she had relating to other treatments be removed from the documents provided to Comcare.
When a person wishes to make a worker’s compensation claim for a work-related illness or injury their right to privacy (including medical files) is explicitly surrendered. The worker’s protest against Comcare having access to her medical files was dismissed and Comcare was granted full access to the medical files produced.
AS AN EMPLOYER WHAT CAN YOU LEARN FROM THIS?
This case highlights the right you have as employer to request these files and workers have a duty to disclose any of their medical files when they are needed to determine the liability decision against the claim. Laypersons do not have the qualifications to distinguish whether progress notes are irrelevant. Progress notes can assist in the decision making, as it provides a full picture on the claimants health giving a decision based on fairness and evidence.
Source:
Title: Complete medical record necessary for full picture of injury
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