You filed a workers' compensation claim after getting hurt on the job. Now you're wondering who can access your injury details, medical records, and claim information. It's a valid concern—your health and employment history feel deeply personal. Fortunately, Ohio law limits who can access your workers' comp information, and your privacy is protected more than you might think.
Monast Law Office can help you understand your privacy rights and make sure that your claim information is handled properly. If you're concerned about confidentiality, our legal guidance offers clarity and peace of mind.
Key Takeaways:
- Your workers’ comp info isn’t completely public. The state limits access to sensitive claim and medical records to only those directly involved in your case.
- Medical privacy still applies. Providers must comply with HIPAA and may share only the medical information needed to process your claim.
- You control access. Third parties can’t view your claim without your consent, and improper disclosure carries legal consequences.
Who’s Allowed to View Your Workers' Compensation Personal Data?
While not all records are private by default, certain workers' comp claim data is protected. Sensitive claim-file details, including medical and personal information, are exempt from public-records laws and can’t be searched online. Access to this protected information is limited to individuals or entities legally authorized to take part in your claim, rather than the general public.
According to the Ohio Bureau of Workers' Compensation (BWC), you—the injured worker—can view your claim information at any time through your dedicated online BWC account. Additionally:
- Your employer also has access because it’s directly involved in the claim. It needs to see claim status, medical information related to the injury, and communication about your case.
- You can also choose to allow access to certain parties, such as a partner, friend, or family member.
- With your consent, managed care organizations (MCOs) and medical providers treating your work-related injury might have limited access to relevant portions of your records so they can coordinate care and submit billing information.
- If you're represented by an attorney, your lawyer can also view claim information for you.
What About Third Parties and Insurance Companies?
If your employer is self-insured for workers’ comp, the BWC is rarely involved in processing your claim unless there’s a dispute or a complaint. In these circumstances, you may need to grant third parties access to your personal data.
However, other insurance companies—such as your personal health insurer or auto insurance provider—can’t access your workers' comp records without your explicit written consent. The same goes for outside employers, potential employers, or anyone else without a direct legal stake in your claim.
Review the BWC’s privacy notice and policies.
How Does Ohio Law Protect Your Workers' Comp Information?
Privacy protections exist for certain workers’ compensation records, particularly the sensitive claim file information that includes medical and personal details about your injury. This information is exempt from Ohio’s public-records law, and access is limited to individuals or organizations authorized to participate in your claim—such as you, your employer, BWC, MCOs, medical providers, and approved representatives.
Medical records connected to your workers’ comp claim are governed by both Ohio workers’ compensation rules and general medical-privacy laws. Although BWC itself isn’t a HIPAA-covered entity for workers’ compensation information purposes, your doctors and treatment providers are. They must follow HIPAA and state confidentiality rules, and they may only share medical information that’s necessary to administer your claim or that you have authorized through a valid medical-release form. They can’t disclose your medical information for unrelated purposes without your permission.
Any request for workers’ compensation information from someone who isn’t legally authorized will be denied. BWC and health care providers maintain safeguards to prevent improper disclosure, and unauthorized release of protected information can result in legal or administrative consequences.
Can Your Employer Share Your Claim Information?
Yes, but it can't broadcast the details. Sharing your medical information or claim status with coworkers, managers outside the claims process, or unrelated parties violates your privacy rights.
Employers must keep workers' comp information confidential and use it only for legitimate business purposes related to your claim. If your company misuses your personal data or shares it inappropriately, you may have grounds for legal action. Download Monast Law Office’s free book, The Worker’s Guide to Injury Compensation in Ohio, to learn more.
How Can You Protect Your Workers' Comp Personal Data?
You have the right to control access to your claim details under Ohio law. Here's how to safeguard your information:
- Keep your login credentials secure. Don't share your BWC account password with anyone unless it’s someone outlined above who needs ready access on your behalf. However, change your password periodically to prevent unauthorized access.
- Monitor your BWC account regularly. Check your claim status, review communications, and watch for any unusual activity that might indicate unauthorized access.
- Ask questions before sharing information. If someone requests your workers' comp records or medical details, verify their identity and confirm they have legal authority to access your claim.
- Report privacy violations right away. If you suspect someone accessed your information without authorization, contact the BWC and consult Monast Law Office about your options.
If you have any additional personal data concerns, please schedule a free consultation with Jim Monast. As a licensed Ohio workers’ compensation lawyer for 40 years, he’s the resource you need to ensure your claim is handled professionally.
