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The Workers' Compensation Claim Process

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The Workers' Compensation Claim Process
University of Phoenix
Claims Preparation II
HCR/230

August 21, 2011

The Workers' Compensation Claim Process

In this paper we will go over a few components of the workers’ compensation claim process. Such as the overall description of the workers compensation claims process, the responsibilities of the employee, employer, physician, and insurance carrier and what are the implications of unrestricted access to a patient’s medical records.

When you are injured on the job, you need to apply for workers’ compensation. These settlements are to help provide you with money for medical bills and missed pay. The purpose or design for workers’ compensation is to support you while you can’t work, because of a work related injury. “In most states, workers compensation state laws contain exclusive remedy provisions. This means that your only remedy is to file workmen’s comp settlements. You may not sue your employer for injuries. Therefore, it is essential to understand how to file a workers compensation report to protect your ability to recover for job related injuries (ExpertHub.com, 2011, p. 1)”.
The responsibility of reporting an on work site accident or injury should be reported by the employee within 24 hrs. If the injury does not have a specific start date, such as carpal tunnel then the statute of limitations begins running from the time when you should have reasonably known about the injury. The responsibility of the employer would be to make sure that he or she gives you the correct forms to fill out then present them to the proper insurance companies. “These forms and claim documents may require you to submit proof of injury in the form of medical records and other expert statements. The physicians are responsible for the treatment of the patient. To determine the extent of the injury, then decide on what would be the best course of action to take to get the employee healthy and back to work, this could mean taking extended time out of work or to go back to work on light duty, in which the employee would be only able to do certain jobs that will not affect his or her injury any further. The insurer may also require you to submit to a workers compensation independent medical examination. This exam is not intended as a second opinion for you, but is intended to verify the extent or cause of your disability (ExpertHub.com, 2011, p. 1)”. The insurance companies responsibilities are to evaluate each claim and to write a letter back to the person that hurt themselves at work, explaining why or why not the claim has been accepted, or it might be determined that the claim has been accepted but with partial benefits. “If the letter denies benefits, it will explain the appropriate steps necessary to appeal the denial of benefits. If even partial benefits are denied, you may want to file an appeal to ensure full recovery of your damages. You usually have a stated time frame in which to file an appeal. If you do not file an appeal within this time frame, you lose the opportunity to file an appeal” (ExpertHub.com, 2011, p. 1)”.
“HIPAA, the Health Insurance Portability and Accountability Act, ensures that each individual's medical history and medical treatment remain private. However, medical information pertaining to individuals on workers' compensation, an insurance provided to injured workers, can be released in some instances as part of the workers compensation' administrative process (Nixon, 2011, p. 1)”. The HIPAA Privacy Rule creates a national standard that protects the privacy of each individual’s medical history. This applies to medical records and all other health related information about each and every individual. Under this rule, all health information cannot be shared without the patient’s authorization. Under HIPPA Privacy Rule also gives all patients’ rights to their own personal medical records to examine or possess copies of.
The implications of unrestricted access to a patient’s medical records have been protected by law. The law has provided the federal government no restrictions when viewing a patient’s medical record without consent from the patient. Under this statute government officials and law enforcement have access to medical records without consent as well. This is a violation of a patient’s fourth amendment, but the amendment allows investigations to be conducted without an official warrant in emergency situation only. If the law enforcement agency need or was capable of obtaining a warrant before the investigation, the medical records could not be used against the person.

In conclusion we have learned that workers’ compensation claims process must be followed by rules for all parties involved in the injury case, from the employee that was injured to the insurance company that may or may not approve the injured employee’s claim. Also HIPAA and Worker’ Compensation have a unique co-existence, where laws have to be followed.

References
ExpertHub.com. (2011). Workers Compensation Claim Process. ExpertHub.com.

Maryland Workers' Compensation Commission. (2011). Workers' Compensation Commission. Baltimore: Maryland Workers' Compensation Commission.

Nixon, L. (2011). Workers' Comp & HIPAA Rules. Demand Media, Inc.

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