North Carolina Workers’ Compensation Medical Records Disclosure

Having to navigate workers’ compensation while also recovering from a workplace injury or illness can be overwhelming for North Carolina residents. It can make you feel like you have no control. It’s natural to want to know that your rights are being protected, and if there’s a need for North Carolina workers’ compensation medical records disclosure.

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At Ayers, Whitlow & Dressler, our four lawyers have over 100 years of combined professional experience. We focus on recovering the benefits and compensation our injured North Carolina clients deserve. We’re proud to help a vulnerable population maintain stability during difficult times in their lives.

The Importance of Form 18 in a Workplace Injury Case

In 2023, the incidence rate for workplace injuries or illnesses was two cases per 100 full-time equivalent workers in North Carolina. Suffering an injury at work is incredibly common. It’s important to know what to do after an incident.

No matter what, your health is the first priority. After an injury, seek medical treatment as soon as possible. You’ll then need to file a Form 18. This form is the official document used to start a workers’ compensation claim in North Carolina. It tells the Industrial Commission and your employer that you were injured at work.

You must file it within two years of the injury or illness, and you should notify your employer within 30 days of the accident. Filing this form protects your right to benefits, even if your employer is already paying for medical treatment or has submitted a report of your injury.

Once your Form 18 is filed and processed, the Industrial Commission will notify your employer, starting the process of providing your benefits.

North Carolina Medical Records Disclosure Laws

During the fiscal year between 2023 and 2024, there were 48,001 workers’ compensation cases opened within North Carolina. These cases involved a variety of injury and illness types. Whenever an incident occurs, the injured worker has the right to workers’ compensation benefits. However, when dealing with employers, insurance companies, and your medical care, the legalities can become unclear.

Everyone is at risk of an injury at any point. When this happens, be sure to hire a workplace injury lawyer you can rely on. They can explain the state’s complex laws and regulations.

In North Carolina, workers’ compensation law tries to balance an employee’s right to privacy with the employer’s need to access medical information for a claim:

• Employees have a confidential relationship with their doctors.
• Employers are allowed reasonable access to medical records, reports, and other information needed to fairly handle and resolve a workers’ compensation claim. Only information that is relevant to the injury, disease, or employee’s ability to return to work can be requested.

Laws Surrounding Employers’ Accessing Non-Medical Information From Medical Providers

Employers in North Carolina may also communicate with the employee’s doctor in writing to get information that is not in the medical records, like:

• The diagnosis
• Treatment plan
• Expected time off work
• Work restrictions
• Permanent impairments

The employee must be notified when the employer contacts the doctor. A copy of the doctor’s response must be given to the employee within 10 business days. Employers can also speak with the doctor by phone. However, to do so, they must:

• Give the employee notice.
• Allow the employee to participate.
• Provide a summary of the conversation within 10 business days if the employee does not join.

If an employer wants to provide the doctor with additional relevant information that is not already in the records, they must first notify the employee in writing. The employee then has 10 business days to consent or object.

FAQs

Does My North Carolina Employer Need My Permission to Access My Medical Records?

Employers in North Carolina can get medical records from the employee’s healthcare providers without the employee’s written permission. If the employer is not paying for the treatment or has denied the claim, they must notify the employee in writing when requesting the records. Employees can request a copy of any records the employer receives, which must be provided within 30 days.

How Long Do Workers’ Compensation Benefits Last in North Carolina?

Workers’ compensation in North Carolina can last a long time, but how long you receive benefits depends on the type of injury and your recovery process. Most workers can get wage replacement for up to 500 weeks. Permanent partial disability benefits are for workers who recover but have lasting impairments. The type and length of benefits depend on the body part affected and how they are addressed in the North Carolina workers’ compensation laws.

Do I Need to Sign a Full Medical Release for My Workers’ Compensation Case?

Even though insurance adjusters may request it, you are not required to provide a full release for your entire medical history during a workers’ compensation case. HIPAA, a federal law, protects your private health information. It’s important to provide documentation directly related to your workplace injury and treatment, but you do not have to hand over unrelated personal medical information.

Can Signing a Full Medical Release Hurt My Claim?

Signing a full medical release can hurt your workers’ compensation claim. Insurance companies are not your friend, so they are looking for any reason not to pay. If they have access to the entirety of your medical history, they’ll try to find reasons to deny your claim. This could be a past childhood injury or a more recent, seemingly unrelated injury. It can be crucial to work with a personal injury lawyer when dealing with insurance companies.

Choose a Trusted North Carolina Workers’ Compensation Attorney

The team at Ayers, Whitlow & Dressler can accept your case. We operate on a contingency fee basis, so we don’t accept payment unless we secure compensation for you. Contact our team today to schedule your initial consultation. You deserve support during this stressful time in your life. Our lawyers approach everyone with the empathy they need during their workers’ compensation cases.