Navigating the workers' compensation process in Queensland can be complex, especially when it comes to understanding your rights and obligations regarding your medical records. This article serves as a comprehensive guide to help you understand whether you need to provide your employer access to your medical records when filing a workers' compensation claim.
Understanding Workers' Compensation in Queensland
The Workers' Compensation and Rehabilitation Act 2003 and the Workers' Compensation and Rehabilitation Regulation 2014 establish the framework for workers' compensation in Queensland. This scheme provides benefits for workers who sustain injuries in their employment, including income support, payment for permanent impairment, and coverage for reasonable medical treatment and related expenses.
When Lodging a Workers' Compensation Claim
When you sustain a workplace injury, you must notify your employer as soon as possible and obtain a "work capacity certificate" from your treating doctor. This certificate is essential for lodging a workers' compensation claim with WorkCover Queensland or your self-insured employer.
Privacy and Access to Medical Records
For Injured Workers
WorkCover Queensland is committed to protecting claimants' privacy. Under the Information Privacy Act 2009 and the Workers' Compensation and Rehabilitation Act 2003, your personal information, including medical records, is protected. Generally, WorkCover will only release your medical information if you authorise it or if required by law.
For Employers
Employers have limited access to an injured worker's medical records. They can only access information necessary to assist in the worker's rehabilitation and return to work. This includes documents related to the worker's capacity to work, such as functional capacity evaluations and sections of doctors' reports relevant to the current capacity for work.
Specific Circumstances for Releasing Information
- Rehabilitation and Return to Work: Under Section 572A(2) of the Workers' Compensation and Rehabilitation Act 2003, WorkCover can release information about a worker's capacity to work if it assists in the worker's rehabilitation and return to work.
- Review Decisions: Section 573(7) allows the release of information related to review decisions as approved by the Chief Executive Officer.
- Legal Requirements: There may be instances where WorkCover is required by law to release information, such as in response to a subpoena for documents related to a court matter.
Steps to Protect Your Privacy
- Authorise Access: You can authorise WorkCover to release your medical records to specific individuals or entities, such as your solicitor or another insurer, by providing a signed authority form.
- Request Your Own Records: You have the right to request a copy of your own claim file at any stage. This can be done by phone, through online services, or by completing and returning the Administrative Release Form.
Protecting Your Privacy During a Workers’ Compensation Claim
While you do need to provide some medical information to support your workers' compensation claim, your employer's access to your medical records is limited to what is necessary for your rehabilitation and return to work. WorkCover Queensland ensures that your privacy is protected and that your personal information is only disclosed in accordance with the law.
For more information or specific queries, you can contact WorkCover Queensland directly. Alternatively, consulting with a workers' compensation lawyer can ensure your rights are fully protected throughout the claims process. At Smith's Lawyers, our personal injury claim experts provide tailored advice to help you navigate the complexities of the workers' compensation system.
Call 1800 960 482 or request a free case review to check your legal rights.
