Turning Over Medical Records in Workers’ Comp Cases

Medical records are an essential component of every workers’ compensation case. However, questions often arise about the types of medical records employers and insurers have the right to request when processing a claim. You do not want your employer or their insurance company to have access to your entire medical history, and you might worry that releasing too much information could impact your workers’ comp case. Knowing when you have to comply with a records request and what information you have to provide is crucial to protecting your privacy.

The legal team at Trollinger Law LLC helps injured workers in Maryland navigate the workers’ comp process and obtain the money and benefits they need to heal and return to work. If you have questions about the kinds of records you must turn over to the insurance company, call or contact us today for a free consultation with a Maryland workers’ compensation lawyer.   

What is a Medical Records Release Form?

A medical records release form is a document giving someone else permission to see your medical records. It is standard for employers or insurance companies to send a medical records release form after you submit a workers’ comp claim. Your employer wants to know that you suffered a valid injury, while the insurance company wants to watch for potential fraud.

The problem with medical records release forms is that if you are not careful, you could give too much information to your employer or an insurer. Sharing too much of your medical history could lead to personal embarrassment and may affect the outcome of your workers’ comp claim. Accordingly, you only want to provide your employer or an insurance company with the necessary records to evaluate your claim.

Is it Necessary to Release My Medical Records to Get Workers’ Comp?

No insurer will approve a workers’ comp claim without seeing some of your medical records. They need to know about the injury and have proof that it is work-related before they will pay for your injuries.

You will also likely have to release your records as part of an insurance company’s independent medical examination. The insurance company can better evaluate your claim by comparing your doctor’s records with the independent examiner’s. Without your existing medical records for comparison, the insurer will unlikely approve any compensation for your injuries.

Can My Employer Request My Entire Medical History?

Your employer can ask for your complete medical history, but you do not have to comply. In fact, you do not have to give your employer any medical records that are not relevant to your workers’ comp claim. Talk to a workers’ comp lawyer before agreeing to release your medical records to protect your privacy and give yourself the best chance of winning your workers’ comp claim.

Get Help from Our Workers’ Compensation Attorney Today

A knowledgeable workers’ compensation attorney from Trollinger Law LLC can protect your privacy and help you pursue the benefits you deserve after a workplace accident in Maryland. Our full-service law firm can meet you wherever you are in the workers’ comp process. We can help with the initial application, handle any disputes with the insurance company, or file an appeal if necessary. Before handing over any records, call us or contact us today for a free consultation. 

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How Much of My Workers’ Comp Settlement Do I Get to Keep?

Expenses can pile up quickly after a job injury. In addition to your medical bills, you may worry about lost wages, reduced future earnings, and any long-term disabilities you develop. Naturally, you want to secure maximum compensation in a workers’ compensation settlement. But how much of your award do you get to keep? Other parties, such as legal and medical professionals, may have a claim on some portion of the compensation you receive.

There is no single answer to how much compensation you retain in a workers’ comp settlement, but working with an attorney is essential to maximizing your award. At Trollinger Law LLC, we have helped many Maryland workers recover full and fair compensation after work-related accidents. For help navigating the claims process, contact us today to speak with an experienced workers’ compensation lawyer. 

What is a Workers’ Comp Settlement?

Most Maryland employers must provide workers’ compensation insurance for their employees. When a qualifying worker gets hurt or develops an occupational disease, they can file a claim with their employer’s insurer to receive workers’ compensation for their injuries. Workers’ comp typically includes money for the employee’s medical bills and a portion of their missed wages.

A workers’ comp settlement is an agreement between an employer and their injured worker. The employer agrees to pay a fixed amount for the employee’s medical care, lost wages, and long-term disability. Employees often receive workers’ comp benefits until they heal. In other cases, an employee opts to settle instead of collecting benefits. Once the employee agrees to the settlement, they generally cannot recover additional compensation for that particular injury.

The Employer’s Responsibility in a Workers’ Compensation Settlement

Under Maryland law, employers must pay for an injured worker’s reasonable and medically necessary treatment until the worker heals or reaches a point where further treatment will not make a meaningful difference. In addition, employers must provide compensation for a portion of the injured worker’s missed wages up to a limit set by state law. In most cases, an injured worker’s employer submits a workers’ comp claim to their insurance company. 

How are Workers’ Compensation Settlements Calculated?

Some of the factors that go into calculating a workers’ comp settlement include:

• Your past and future medical bills
• How much work you will miss, or whether you can work again at all
• Your missed wages
• The severity of your injuries and disability rating
• Vocational rehabilitation

You, your workers’ compensation lawyer, and your employer’s insurance company must weigh these factors to reach a reasonable settlement. Remember that your doctors, attorney, and other parties may be entitled to a portion of your settlement. 

Types of Workers’ Comp Settlements

There are two types of workers’ comp settlements. The first is a lump-sum settlement, meaning the injured worker gets the total settlement amount upfront. The second is a structured settlement, meaning the injured worker receives their compensation in fixed increments over a set period. Both settlement types have pros and cons. Discuss the advantages and disadvantages with your attorney before making a decision.

What is the Average Workers’ Compensation Settlement?

Every workers’ comp case is different, so coming up with an average settlement figure would be meaningless. That said, consulting a workers’ compensation lawyer is crucial if you want to recover as much money as possible. Remember, your employer and insurance company want to keep their costs low and pay as little as possible in a settlement.

Get Help from Our Workers’ Compensation Attorney

The legal team at Trollinger Law LLC knows how important it is for you to recover as much money as possible in a workers’ compensation settlement. Call us today or visit our contact page to schedule a free consultation.

The post How Much of My Workers’ Comp Settlement Do I Get to Keep? appeared first on Trollinger Law LLC.

from Maryland Personal Injury Blog | Trollinger Law LLC https://www.trollingerlaw.com/blog/how-much-of-my-workers-comp-settlement-do-i-get-to-keep/
via https://www.trollingerlaw.com/blog