Access to Your Medical Records and Filing Temporary Disability

When you are filing for temporary disability, concerns often arise over the accessibility and use of your medical records by your employer. It is important to understand the legal framework that governs this process and your rights as an employee.

Employer Responsibilities and Illegal Requests for Medical Records

It is crucial to note that employers do not have the right to access your medical records. According to legal standards, employers are not permitted to request your medical records as they are a violation of privacy laws. Instead, what is required is a Form completed by your doctor, which should indicate any special accommodations and possible diagnosis if necessary. This information goes directly to HR to review and address your needs.

Reasonable Documentation for Workplace Accommodation

When you request a workplace accommodation, and the disability or condition is not immediately apparent, your employer can ask for reasonable medical documentation. This is particularly relevant when dealing with the family and medical leave act (FMLA) and similar state plans. The documentation only needs to provide a medical certification or recertification indicating the start date and the expected duration of the disability.

Providing Necessary Information for Accommodations

When asking your employer for accommodations, it is essential to provide them with the required information. If they do not have access to the necessary records, they cannot adequately facilitate the accommodations you need. Employers already possess most of the necessary information. Therefore, it is vital to give them the information needed to provide the necessary support.

Accommodation Requests and Due Hardship

Employers are not obligated to accommodate any restrictions if it would cause undue hardship or if the accommodation is not available. For example, if you request light duty, and there is no option available, your employer is not required to provide it. It is important to understand that your employer does not need your medical records for these decisions. Instead, the disability insurance company will need access to your medical records to address the situation effectively.

Private Disability Insurance and Medical Records

People who have purchased private long-term disability (LTD) insurance are unusual. However, those with short-term disability (STD) insurance, including individuals who are self-employed, may have their medical records disclosed to the insurer. In such cases, it is essential to disclose the relevant information to the insurer or your employer’s insurer. If you deny access to your medical records, it may raise a red flag, potentially leading to unforeseen consequences. These consequences could include delays in processing your claims, denied claims, or other unfavorable outcomes.

Conclusion

Understanding your rights and the legal requirements for filing temporary disability can help you manage the process more effectively. Providing clear and necessary information to your employer and insurer is crucial for a smooth and successful accommodation process. If you have any concerns, it is always wise to consult with legal or professional advisors who can provide guidance tailored to your specific situation.