Legal Question in Workers Comp in New Jersey

Medical records in Workman's Comp. cases

I am the representative of a copy service ( for med.

records as requested by ins. cos., law firms, disability

providers, etc. I was recently informed by a workman's

comp. clerk that I was not allowed to provide any

records for a patient to any law firm, even though the

patient signed the request and it meets HIPAA regs.

She said that ONLY the Insurance company has the

rights to these records, and they have to be subpoen.

by the law firm to get these records. Is this the case

(even though the NJ ADMIN. Code Title 8, CH. 43G-15.3

states that a patient's attorney CAN have access to

these records - through ME) ?


Asked on 7/22/04, 7:46 pm

1 Answer from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Medical records in Workman's Comp. cases

If the records are for treatment by a workers compensation authorized doctor for the specific claim at issue, then the attorney should send a demand for medical information to the insurance company or their attorneys. For hospital records or treating records for doctors not assigned by the workers compensation insurance carrier, then of course you can release those records. I can't imagine why the insurance company would give you trouble like this. If you know anybody who needs an attorney for a workplace injury you can ask them to call me at 908-272-0111 or contact me through my website www.njworkerscompensationlaw.com or just e-mail me at [email protected]. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

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Answered on 7/23/04, 1:07 pm


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