Workers' Compensation

Can My Employer or the Adjuster Talk to My Doctor Behind My Back?

Workers' Compensation

Can My Employer or the Adjuster Talk to My Doctor Behind My Back?

 

When it comes to our health, we want to be able to trust our doctors. Especially when dealing with a workers’ compensation case. You want to make sure your doctor truly has your best interests at heart. So is it legal for your employer talk to your doctor behind your back? Doesn’t that seem like a breach of trust?

Image of female lawyer in doctor's office

It’s an unfortunate truth, but yes, it is legal. And they do — all the time. It wasn’t always allowed, but very often it happened anyway. However, successful lobbying with former Governor McCrory lead to a huge change in the law. Thanks to these new laws, employers can talk to your doctor, and are not required to tell you that the conversation occurred or what they talked about.

 

Under the old laws, the adjuster or employer had to not only submit their inquiries in writing, but also had to share a copy with you before they sent it to your doctor. This would give you a chance to look it over and ask any questions you might have. You could even ask for something to be added — which seems like a very fair arrangement. They could communicate with your doctor, and you still knew what was going on.

 

So why did insurance adjusters and employers want this changed? Well, based on the fact that they lobbied the government to change the law, it doesn’t seem like a huge leap to infer that they had a motive. And that motive seems to be their desire to communicate with your doctor without your knowing.

 

The system isn’t always fair to you, so make sure that you have someone on your side looking out for your best interests. If you’ve been injured at work, contact an attorney who will fight for you and defend your benefits.