The California Workers’ Compensation Medical Records Disclosure Act is the governing law on the sharing of medical information in California Workers’ Compensation cases. It balances the needs of employers and insurance companies to obtain medical records to investigate and evaluate a claim, while at the same time protecting the privacy of injured employees.
If you have been injured on the job in California, knowing about this law can help your case get settled more quickly and fairly. If you are having problems with medical records or the claims process, you should hire a workers’ compensation lawyer.
California Workers’ Compensation Medical Records Disclosure Act Laws
The Act permits an employer and an insurer to access an employee’s medical records pertaining to a workers’ compensation claim without the employee’s explicit consent, if the information sought is directly related to the injury. The Act also strictly limits disclosure to protect the privacy rights of employees. Only information that is reasonably necessary to process the claim can be disclosed. Unauthorized use or access can result in civil or criminal penalties.
Employee Rights and Protections
The average number of worker illnesses and injuries has decreased from 10.9 incidents per 100 workers in 1972 to 2.4 incidents per 100 workers in 2023. Additionally, the number of worker deaths has decreased from 38 per day in 1970 to 15 per day in 2023, according to OSHA. Employees still have significant protections even though the Act permits some disclosures. You are entitled to:
- Know what medical data is being asked for.
- Contest disclosures that appear unnecessary or irrelevant.
- Expect all records to be secure and confidential.
It is legal to contest the illicit use, exchange, or improper use of medical records. English Lloyd & Armenta facilitates adherence to the Act while guaranteeing the protection of its clients’ privacy rights.
Common Issues That May Arise
Even when a party may have good intentions, issues may arise when it comes to issues of workers’ compensation medical records and their release. Some common issues that may arise include:
- An employer requesting more than what is necessary or requesting records that do not align with their needs.
- Employers use medical history to deny benefits.
- Delays in responses to requests.
- Disagreements on whether mental or psychological records are necessary.
An attorney can help you in these workers’ comp cases to understand your rights through any issue that may arise.
The Impact of the Act
While this Act primarily benefits employees, employers, and insurance companies receive benefits from the Act because it establishes clear rules about accessible records and the conditions for their access, which helps eliminate uncertainty and speeds up claim assessments.
It is the duty of employers and insurers to keep appropriate procedures in place while securing records and preventing the use of information for any purposes other than claim processing. By complying with the Act, they can protect their employees and reduce their own legal risk.
Hire a Workers’ Compensation Lawyer
In some cases, it may be helpful to hire a workers’ compensation lawyer to determine what medical information must be released during a workers’ compensation claim. An attorney who has experience with California’s workers’ compensation laws and processes will understand what is considered relevant medical information and will also help you or your business through the rest of the process.
Lawyers can also advocate on behalf of either the employee or the employer to protect the rights and interests of both parties.
FAQs
Do I Have to Release Medical Records to Workers’ Comp in California?
California workers’ compensation statutes mandate that employees disclose medical documents associated with their workplace injury or illness. The medical records enable the insurance company and employer to evaluate your claim and issue benefits. Employees must release medical records that specifically connect to their workers’ comp claim. Your privacy is protected by strict guidelines under the California Workers’ Compensation Medical Records Disclosure Act.
Can Workers’ Comp Access My Medical Records?
Workers’ compensation insurers and employers can only obtain the medical records that relate to your work injury. Medical records detailing personal matters or unrelated conditions cannot be accessed under your claim. The law restricts the use of these records and maintains their confidentiality, which prevents abuse or overreaching by the insurance company or employer.
What Is the New Law for Workers’ Comp in California?
The 2025 California Workers’ Compensation Medical Records Disclosure Act outlines specific regulations regarding the access and disclosure of medical records in the context of workers’ compensation cases. The Act permits insurers to request relevant medical records to evaluate and process workers’ compensation claims while upholding strict confidentiality requirements. It also protects employees from unnecessary disclosures.
What Is the California Confidentiality of Medical Information Act?
The California Confidentiality of Medical Information Act (CMIA) functions as a legal protection system to keep patients’ medical records and personal health information secure against unauthorized access and disclosure. It establishes restrictions on the dissemination of medical data by healthcare providers, insurers, and employers.
The CMIA ensures that only necessary and specific medical records are disclosed for legitimate purposes, protecting the confidentiality of employees’ personal health information during the claims process.
California Workers’ Compensation Lawyer
Mary English Lloyd and Mr. Armenta have each won American Jurisprudence awards. We are familiar with California workers’ comp laws and recent changes such as the 2025 Medical Records Disclosure Act. We have offices that serve Joshua Tree, Yucca Valley, and other High Desert communities, making it convenient for us to process cases in and around the Joshua Tree Courthouse.
California’s new Workers’ Compensation Medical Records Disclosure Act of 2025 creates more transparency and efficiency in the state’s workers’ compensation cases. Employees who are injured on the job in Joshua Tree, Yucca Valley, and other High Desert communities should be aware of their rights and responsibilities under this new law, as well as employee privacy protections.
At English Lloyd & Armenta, we have years of experience in assisting injured employees with workers’ compensation claims. Juan Armenta is a former insurance defense lawyer, giving valuable insight into the way insurers try to limit claims. Our team can help you understand your rights if you need to file a workers’ compensation claim. Contact us today for your free consultation.
