Kansas Worker's Compensation - Help For Injured Kansas Workers

• Kansas Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• Kansas Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 5 of 5
  1. #1
    Join Date
    Feb 2007
    Location
    KS
    Posts
    12

    Default Records Release Request From The Insurance Company

    Got a letter from the workers comp ins company today. They enclosed a records release for "medical records" this release encompasses everything, I mean everything. Financial records, private insurance records, former employers, past medical records, credit reporting bureaus and everything else under the sun. They are up in the night if they think I'm signing this for a simple medical records release. Am I wrong to feel this way? Time to get a lawyer?

  2. #2
    Join Date
    Mar 2007
    Posts
    4

    Default Re: Records Release Request From The Insurance Company

    izzi,
    The medical release form is something that unfortunately you may not be able to get around. As far as requesting any type of credit or financial records, this is something I have not heard of. I do know that the medical release form, whether you choose to complete it voluntarily or get an attorney for this, will eventually have to be completed either way. In most states, by filing a workers compensation claim, you basically have authorized the release of your records anyways. The insurance company just requests that you complete the form so that it is easier for them to obtain the past and present medical records from medical providers. Without a signed release then it just takes them longer to obtain the information, as well as slows the process of them making any decisions on your claim, esp. if you don't have a clear cut claim for compensation.
    If the form is requesting information regarding any type of previous insurance claims that you may have filed, it is always the best idea to go ahead and complete this information as well. This would include property damage, automobile claims, and bodily injury claims, etc. Just be as honest as you can in regards to this. Most insurance companies use what is called an Index Bureau which in short is a claims reporting system that multiple insurance companies subscribe to. What the index bureau does is keep record of claims filed by other insurance companies and they exchange information when requested. If you indicate on any type of recorded statement, written statement or release forms that you have not filed any other type of claims and the index report form comes back to the insurance company and you have filed previous claims, this may indicate a lack of integrity in regards to your character, your claim, your medical treatment, etc. The insurance company can use any of that information against you.
    Overall the information requested is for the purpose of indemnification. In other words, restoring you to the condition or as close to the condition you were previous to the injury. Insurance companies are entitled to know what condition you were before.
    In regards to getting any attorney over the request for information, that is a decision that only you can make. If you feel like you need to get an attorney because the insurance company sent you a release of information to complete, then you may be sending another red flag to the insurance company that you have something to hide. You'll eventually have to complete and release the information anyways, but with an attorney not only is going to delay the processing of your claim in most cases, but it will also cost you the attorney retainer fees as well. So the choice is yours. Hope this helped you out a little.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,969

    Exclamation Re: Records Release Request From The Insurance Company

    Izzy, get a lawyer now!

    Former Adjuster seems like she may still be adjusting and much of her advice about what you should do is absolute crap. She does however explain the insurance company mentality pretty well.

    Chances are, that release violates your state's law on what the insurance company can legitimately obtain. It would be overly broad and the only reason they have sent it to you is because they want to dig into every nook and cranny of your life to find something they can and will use against you, no matter how irrelevant or insignificant, AND they know that once you get a lawyer, you will never let them have any of that irrelevant info, and they cannot force you to give it to them. You are being taken advantage of with that release.

    If you get all your advice from past and current insurance adjusters, you will be sorry. Go find yourself a good lawyer before you sign anything!
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  4. #4
    Join Date
    Nov 2006
    Posts
    6

    Default Re: Records Release Request From The Insurance Company

    The only information you have to release to the IC (workers comp) is medical information that has to do with your injury and this is due to the new HIPPA laws which are in place to protect you, the patient. I too had to fill one of these out and it should have an area where you can write in the information to be released. I stated the only information the IC company was allowed was for medical info for back injury only.

    If you don't have an attorney I would get one NOW! The IC only interest is to pay you as little compensation as allowed by law and to get you back to work ASAP so they don't have to pay you compensation.

    Most attorneys will give you a free consultation, have a list of questions you would like answers to. Get 3 or 4 appts with different attorneys, ask these questions that you have prepared and then make your decision on which attorney you liked best. Also attorneys are only allowed to charge 25% of your compensation to be taken out of your checks. I wouldn't accept any attorney that charges an hourly rate. They are only out to get your money and won't provide any better service than one who charges the 25%. Also,most free consultations are usually 30 min. If at the end of the 30 min, the attorney seems to be trying to rush you out of his office or to end the consultation...don't pick him to be your attorney. You want one who is willing to spend time with you no matter how much time it takes. Ask for a card. Most attorneys will not willingly offer you their email address however it is usually on their business card. I almost never can get ahold of my attorney by phone and it sometimes takes him 2 or 3 days to get back to me by phone. However if I email him he usually gets back to me the same day or the very next day.

  5. #5
    Join Date
    Feb 2007
    Location
    KS
    Posts
    12

    Smile Re: Records Release Request From The Insurance Company

    Got a lawyer and have a court hearing date set to make the insurance company send me to a doctor. My attorney says that since the is a long tern repetitive chemical exposure case it was a very good idea to geta lawyer when I did. He specializes in chemical exposure cases and he told me these cases can get quite messy. Thanks for all your advice complawyer and lostin kansas!

Similar Threads

  1. Request for Medical Records
    By dgs777 in forum Legal Issues
    Replies: 3
    Last Post: 09-27-2010, 03:41 PM
  2. Can Insurance Co. Deny QME Request
    By alpha314 in forum Insurance Company Practices
    Replies: 8
    Last Post: 08-23-2009, 06:18 AM
  3. Replies: 7
    Last Post: 11-06-2007, 02:58 PM
  4. Replies: 7
    Last Post: 02-06-2007, 10:23 AM
  5. Insurance Company Wants Personal Financial Records
    By anonymous in forum North Carolina
    Replies: 1
    Last Post: 03-24-2002, 03:40 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer