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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15685
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Am I required to copy an employees entire file if WC insurance

Resolved Question:

Am I required to copy an employees entire file if WC insurance asks me to? This file has alot of medical paperwork,evaluations,IRA application, nothing that pertains directly to her injury. Do I need the employees written release to do so? This is the WC insurance we(the employer) use.
Submitted: 11 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 11 months ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

If the insurance company has asked you that may be a procedure, however any medical information that may be given without the employees consent can be an issues,

wallstreetfighter :

and a release should be signed before this is done, or you can make a copy of the employees file with the medical information, and advise the insurance company to obtain a release from the employee directly.

wallstreetfighter :

The law does not restrict such information being disclosed, except for medical information of the employee,

wallstreetfighter :

and private items such as the employees social security number,

Customer:

The fact that this is the company we use and she has an open claim does not mean they automatically have a release correct? Is it appropriate to call and ask the employee? If not I can ask the WC company to obtain a written release from the employee. I don't mind doing it but I feel that there are items that they should not be able to review IE IRA application.

wallstreetfighter :

It does not mean a release was signed,

wallstreetfighter :

They should specifically obtain a release from the employee, and order medical records from the employees Doctors directly,

wallstreetfighter :

In terms of the IRA application, it is not needed, and you can consider these non essential and not provide it to them,

wallstreetfighter :

you can advise the insurance company those are part of the HR file, or Benefits file not employee file.

Customer:

All items are in the employee file with the exception of WC claims info and a copy of the I-9 is seperate so INS can review that form and not the entire employee form. So all that is in her file right now they should not get because it is all non essential as far as I am concerned with the WC claim.

Customer:

The adjuster asked me specifically for a copy of her entire employee file.

wallstreetfighter :

I would send the information needed and keep everything else,

wallstreetfighter :

if the need further information, have them ask for it in writing and obtain a consent from the emplopyee.

wallstreetfighter :

employee.

wallstreetfighter :

This way you protect yourself, if the employee feels you violated their rights.

Customer:

OK I WILL email the adjuster and let her know there is nothing in the employee file that is pertinant to her injury and she has all the documentation from her injury already, I will let her know if she needs anything further or specific she needs to obtain a medical release for anything to be sent. Correct?

wallstreetfighter :

yes, you can state that all essential items in the file will be sent, and any further requests should be made in writing, and a consent will be obtained by the employee.

Customer:

Ok I will make sure she has all from the WC file and they can submit a written request for anything else and they can send me a consent along with the request.

wallstreetfighter :

yes, that is the best course of action,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

Customer:

Ok thank you I just want to protect the employees vital personal information, but I also want to give the WC what they need as well. This has been a very drawn out injury with basically full disability for the employee, she has had the WC company to court several times.

wallstreetfighter :

It is best to protect yourself as well,

wallstreetfighter :

good luck, and if satisfied please provide us with positive feedback, so we can receive credit.

Customer:

OK

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15685
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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