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Understanding Work Related Injuries

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Understanding Work Related Injuries

Workers compensation was developed in the early 1900’s to provide employees who have been injured on the job with compensation for their injuries, and it protects employers from liability for employee’s injuries. The benefit of workers compensation really goes both ways, it not only provides a protection for the employer from lawsuits, but also provides the employee a sort of financial safety net so if they are injured on the job and cannot work they will have a means for supporting their family. If you do find yourself in this situation it helps to know who is responsible for what. If certain steps are not followed you can bet that your claim will be denied. In regards to HIPAA Privacy Rule, workers’ compensation claim information is not subject to the same confidentiality rules as with other medical records. The HIPAA privacy rule permits disclosure of Protected Health Information (PHI) for workers compensation purposes without the patient’s authorization. There is also no restriction on disclosure of any judicial or administrative proceedings in response to a court order, subpoena, or similar process. The information that is provided is what is necessary to file the claim. Individuals may not request a physician to restrict a disclosure of PHI for workers compensation purposes, however, the physician is restricted from disclosure of information about any previous conditions that are not directly related to the claim without the individuals written authorization. (The Law Network LLC, 2010) If an employee is injured on the job they have a specified amount of time to report the injury that occurred to the employer. Most states require that notification to be in writing. The employer, who is also under a time requirement, then must notify the state workers compensation office and the insurance carrier. The

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