If you have a workers’ compensation claim, you will likely be asked to take part in a medical evaluation. In most cases, this is not actually a request – it is a requirement. Before you agree to do so, we recommend talking to an attorney who can review the request and ensure that it is in your best interest. You can do that by contacting The Law Offices of Larry H. Parker at 800-333-0000. You can also keep reading to find out the main things you should know before you move forward.
- This is Not a Confidential Appointment
- You Will Be Asked About Pre-Existing Conditions
- You Can Bring a Friend or Family Member
- You Should Talk to an Attorney Before You Go
The Health Insurance Portability and Accountability Act, better known to many people as HIPAA, holds that any medical interaction you have with a doctor is private, and they cannot share it without your permission. However, not all medical evaluations are subject to HIPAA. Workers’ compensation medical evaluations are not generally subject to HIPAA.
In fact, in this specific situation, the doctor’s job is to report the details of your examination to the insurance company. This will include anything you tell them, the results of any tests, and the doctor’s opinion.
They are going to ask you about pre-existing conditions. They might inquire about how your injury is different from the previous symptoms you had. They might ask if the accident you are currently suing for made the injury worse. They will likely ask for evidence of your previous injury. Talk to your attorney before you do any of this. Yes, you do need to talk to them about pre-existing conditions, but it is important that you know what to say and what to avoid saying.
You have the right to have someone in the appointment with you. This can be a difficult, nerve-wracking experience. You might not remember what you wanted to ask or what you were or were not planning to say. Take a third party in who is there only to be on your side. They can witness the exam, take notes, and provide testimony in the case that something that occurs during the exam is called into question later.
Yes, you do need to go to this appointment, but it is important to talk to a personal injury attorney first. Remember that everything you say and disclose can be used against you. Even something that seems entirely innocent can be used against you when taken out of context. Talk to an attorney ahead of time to know what common issues you should avoid.
In fact, you can call The Law Offices of Larry H. Parker at 800-333-0000 now to request a free legal consultation.
