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Tenner10210

Workers Comp vs Disability

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My advocate for a workers comp case has requested (per the employers attorney)

information regarding my current disability status.  He requests my SS # and a statement from the SSDI office detailing the exactness of my Benefit.

 

Problem is that my disability benefit has been awarded due to my mental health issues, (PTSD, Depression, & Trauma).  The Advocate for the State of Maine has told me that there is no legal basis for pain and suffering in the Workers Comp case against the former Employer.

 

If that be the case, Why then should I provide any information unrelated to my injury?  Does the attorney for the Employer have a right to view my mental health personal information?

 

I feel this is an invasion of privacy.  Am I correct?

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First, I cannot fathom how a person on behalf of a w/c carrier or your employer wouldn't have access to your SSN.  :)

While you evidently presume that this person is by "exactness" seeking the underlying health issues on which the SSDI (?) is based, you don't explicitly state that's what they seek.  If someone wants your medical records, they need only seek those within the confines of your workers' comp claim.

"The Advocate for the State of Maine has told me that there is no legal basis for pain and suffering in the Workers Comp case against the former Employer."

Unclear what-who you mean by "the Advocate for the State of Maine", but I'm confused as to the purpose of the statement in this post -- I gather you're somehow relating it to a reason to decline the information request, but I'm not sure that's the correct approach. 

Your post seems to indicate that you don't have a workers' comp attorney, and I suggest that you seek one.

 

"Why then should I provide any information unrelated to my injury?"

Doesn't appear this kind of question ("why should I") is appropriate to put to strangers, esp. given lack of info.

 

"Does the attorney for the Employer have a right to view my mental health personal information?"

They're free to convince a commissioner in the w/c case that they have an interest in seeing your medical records, and seeing whether the commission agrees.

 

"Am I correct?"

You're correct in that you feel that way, but given the details as posted, strangers can't know whether you're even irked about this for the right reasons.  An "invasion of privacy" it may feel like or be, but that doesn't mean it's unlawful.

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No state recognizes "pain and suffering" under WC the way you might receive a settlement under a general liability or other civil suit. WC is designed to compensate you for losses due only to the work injury and any resulting disability. I do not know your whole situation but I can guess a good portion of it from what you did share. As WC only compensates for losses which are caused by your injury, they are not responsible for losses which result from other conditions. If you are not working, the carrier wants to know if you are not working due to the (for example) knee injury to sustained r if you are not working because you have an unrelated medical condition which precludes work. If the former, they are responsible. If the latter, they are not. It also impacts benefits for which you might be entitled such as voc rehab. There is no point in placing you in VR to find another job if you can not work due to your mental health.

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