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Medical Release Forms in Illinois Workers’ Compensation Cases

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After a work injury in Illinois, it is common for injured employees to receive a letter from their employer or the insurance company requesting that they sign a medical release form. These forms authorize access to medical records and are a routine part of the claims process.

However, many workers are concerned about how much of their medical history insurers can review. And they are right to be concerned. The truth is that while employers and insurers are entitled to certain medical records, they do not have the right to unrestricted access to your entire health history.

Under Illinois workers’ compensation law, insurance companies are entitled to medical records that are related to the injury claimed. For example, if you injured your back at work, they are allowed to see records relating to that back injury. If you previously injured your back in a car accident, those records are also relevant and must be disclosed. But if your current claim is for carpal tunnel syndrome, the insurance company has no right to review records of a past back injury or a pregnancy or psychological care or anything else that is not part of your claim.

The law draws a clear line between medical information that is directly connected to the work injury and unrelated, private medical history.

The Problem with Medical Release Forms

Medical release forms are typically drafted by insurance companies with broad language such as “any and all medical records.” This gives them the ability to request documents that go far beyond the scope of your injury. Their goal is often to search for something—anything—that can be used to deny your claim, even if it isn’t relevant.

This could mean accessing sensitive, unrelated information such as mental health treatment records, past illnesses like cancer, pregnancy-related records and other private health matters. These details have no bearing on your workers’ compensation case and should not be shared.

How to Protect Yourself

You are not required to sign a blanket medical release form. Workers have the right to limit what they authorize. When these medical release requests are made, having an experienced attorney on your side is a huge help. Attorneys typically cross out language that refers to “any and all medical records.” They replace it with language that limits the records only related to the treatment for the injury and body part involved.

Many workers don’t read the fine print or they make the mistake of assuming that they cannot push back against these forms. That is not true. Illinois law protects the confidentiality of your medical history.

Attorneys often go a step further and contact your medical providers directly, instructing them to be careful with any requests and only release the records that are related to your workers’ compensation claim.

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As an injured worker, you don’t want to give the insurance company any more information than you have to. If you have questions about medical release forms or your rights under Illinois workers’ compensation law, we can help. We can also connect you with an experienced workers comp attorney who can guide you through the claims process with no fee unless they get a settlement for you. Start a chat, call 312-346-5320 or complete our contact form for a free, confidential consultation.