If you suffer an injury in a Thurrock accident at work and it has worsened a pre-existing medical condition, you may wrongly assume that you cannot claim compensation from your employer’s insurance company.
If the insurance company suspects that your injury is due to a pre-existing medical condition, it may demand access to your medical records so that it can identify any previous injuries similar to the one you have suffered as a result of your accident at work. If it can prove that you had a pre-existing medical condition that contributed to your current injury, it may still agree to pay you compensation. However, it may try to reduce your settlement accordingly and you may end up having to defend your right to receive full and fair compensation.
Can I refuse to provide the insurer with access to my medical records?
You can refuse to authorise the release of your medical records to your employer’s insurance company. However, you may hinder your Thurrock accident at work claim. Your employer’s insurance company may believe that you have something to hide and may cast doubt on the authenticity of your claim.
If you do not feel comfortable disclosing your medical records to your employer’s insurance company, you should take comfort in the fact that your personal information will remain secure at all times and will not be disclosed to anyone in your workplace without your consent.
Ultimately, your employer’s insurance company will use your medical records to compare your claim with previously resolved cases where the injuries sustained were similar to those of your own. It is therefore essential that you provide access to your medical records or, at the very least, agree to undergo a physical examination with a specialist in your locality.
Do I need to hire a Thurrock accident at work solicitor to defend my claim?
The amount of compensation awarded to you for your Thurrock accident at work claim will depend on the nature and severity of the injuries you have sustained. If you are worried that your employer’s insurance company may try to reduce your compensation settlement or, in the worst case scenario, refuse to pay out for your claim, you should call Accident Advice Helpline on our freephone helpline and ask our experienced legal team to evaluate your claim and negotiate a suitable settlement agreement with your employer’s insurance company.
Date Published: 14th November 2014
Author: Jan Newell