I have a neck problem from my work station at my job. I filed a workers comp claim and they want me to fill out a medical release, I feel li...

Question

I have a neck problem from my work station at my job. I filed a workers comp claim and they want me to fill out a medical release, I feel like they are just trying to blame me for what happened. What happens if I don't sign it? My employer is also refusing to change my work station, they said we are just hoping physical therapy makes it better. Is that legal?

Answer

Yes, the Insurance Adjuster IS trying to find evidence that the neck problem is pre-existing and not related to the job... THAT SAID if you refuse to release all of your medical information (except for psych and HIV records) your claim will be denied and eventually dismissed by the comp judge.

So cross out the release of psychiatric records and cross out the release of sexually-transmitted disease records, sign the release and send it in if you wish to receive further Workers Compensation benefits.

Is your employer required to change your work station? NO. If later, you neck problem makes you a PERMANENTLY Disabled American, and you make a written request for a very very detailed "Reasonable Accommodation" (must be crystal clear precisely what the employer must complete and the cost must be fair), and the employer then refuses this accommodation, then you might have a violation of the Americans With Disability Act.