As you probably already know, under Nevada workers’ compensation law, you are entitled to workers comp from your employer if you have been injured in the workplace. Though there are some exceptions to this, such as if you were intoxicated at the time of the injury, generally it does not matter who was liable for the injury. As long as you were injured at work or while doing work-specific activities, you can apply for compensation for you medical bills, as well as get a portion of your wages.
After you have applied for workers’ compensation, the insurance company will get in contact with you to discuss your compensation. This is a natural and necessary process because the insurer is only responsible for covering the medical treatments that were related to the injury and were medically appropriate and necessary. During your communication, the insurer will get information to determine which of your medical treatments qualify.
Medical Records and Releases
At this time, the administrator of the workers comp insurance may ask you to sign medical release forms, so that they can look into your medical records. This is so they can make sure you don’t have past or existing injuries in the same part of your body as the current work-place injury. If you have been previously injured in that location, the insurance will only cover treatment for the extent that the injury got worse, but will not have to cover the entire treatment for the pre-existing injury.
Always be careful when you are signing release forms issued by the insurance companies. You should also consider asking an attorney to look over these agreements, because they could be more damaging to your claim and your privacy than you might think. Though the adjusters are only allowed to make a request for medical records that are relevant to the work injury, some of these releases will ask for access to every medical record you’ve ever had. This is a serious violation of privacy, and you do not have to sign these forms. This is why it’s important to get the help of an experienced workers’ comp attorney.
What You Can Do
If you find out that their medical release form is asking for your entire medical record, you do not have to sign it. You should inform them that you understand what is legally required and request a release form that only provides access to relevant records.
The state of Nevada provides a form for releasing medical information. It is called the D-36 form. On this form, you will either have to guarantee that you do not have prior conditions or injuries that would affect the claim or disclose the relevant injuries. The form will then give the insurance company access to relevant medical records, but not records that are irrelevant.
If you were recently injured in the workplace, you are likely entitled to workers’ compensation insurance. Our office can help make sure you get the compensation you deserve for the entire duration of your treatment and recovery. Please give us a call and schedule an appointment today.