When you're injured at work, the road to recovery can be tough—physically, emotionally, and legally. Workers’ compensation exists to support employees who are hurt on the job, providing them with access to medical care and wage replacement while they heal. But navigating your rights as an injured worker isn’t always straightforward, especially when employers or insurance companies try to overstep boundaries.
One area where this often happens is at medical appointments. Did you know that you have the right to see a doctor privately without your employer or their insurance company present? Unfortunately, some workers are misled into thinking they don’t, which can lead to serious issues, including jeopardizing their entire workers’ comp claims.
Your Right to Private Medical Appointments
If you’ve been injured at work and are seeking medical care, you are entitled to have a private doctor-patient relationship with your medical provider, even if you are receiving care from a clinic that was designated by your employer or workers’ compensation insurance provider. Under workers' compensation laws, your employer or insurance adjuster does not have the right to attend your medical appointments without your permission. Although you can permit a company or insurance representative to be there, that decision is fully up to you and no one can force you to allow a third party into your doctor’s office.
This right exists to protect you as a patient. Your medical visit is a time for you to discuss your condition openly with your doctor, explore treatment options, and understand your path to recovery. Having an employer or insurance representative in the room could cause you unnecessary stress and possibly compromise the integrity and effectiveness of the care that you receive.
Without your consent, any attempt to invade your medical privacy is not only unethical—it’s illegal. This means you have every legal ground to keep those conversations between you and your doctor.
Common Misconceptions Spread by Employers or Insurers
Unfortunately, not all employers or insurance companies play by the rules when it comes to handling workers’ compensation claims. Injured workers often find themselves struggling to make sense of false or misleading statements designed to make them feel they must allow others into their appointments.
Your employer or the insurance company might be trying to mislead you about your rights as a patient during appointments related to a work injury if they:
- Claim oversight is "required": They might say that having a representative attend is standard procedure for workers’ compensation claims.
- Implying it could affect your benefits: Some may suggest that refusing their presence will jeopardize your case, delay your benefits, or cancel your claim entirely.
- Pretending they’re allowed by law: They might state or insinuate that they have a legal right to be there, even though they don’t.
Statements like these are simply not true. Employers and insurers have no legal right to attend your appointments unless you explicitly allow it.
Why Privacy During Medical Consultations Matters
Your medical appointments are among the most important parts of your workers’ compensation case. During a meeting with a doctor, your injuries are diagnosed, your treatment plans are developed, and your ability to return to work is evaluated. Every conversation with your medical care team must be honest and uninterrupted.
When an employer or insurance representative sits in, it can create an intimidating or uncomfortable environment. You might feel hesitant to fully disclose your pain or symptoms out of fear they’ll use your words against you, especially if your injury happened because you alone made a mistake, leading to an incomplete medical assessment that may weaken your case or delay your recovery.
There’s also the risk of biased reporting. Employers or insurers in the room might interpret—or misinterpret—what was said during the visit, potentially skewing the facts to save their bottom line. This situation is exactly why workers’ compensation law gives you the right to a private medical consultation.
Steps to Take If You Feel Pressured
If an employer or insurance company is pressuring you to allow them into your medical appointments, you should:
- Stand firm in your refusal: Politely but clearly state that you do not consent to their presence during your appointment.
- Document the pressure: Write down what was said, when it was said, and who said it. Keep records of any written communications as well.
- Consult an attorney: A knowledgeable workers' compensation lawyer can intervene on your behalf to protect your rights, block parties that try to overstep boundaries, and guide you through the entire process of seeking workers’ comp.
Get Legal Support from Hyland, Padilla & Fowler, PLLC
At Hyland, Padilla & Fowler, PLLC, we understand how overwhelming it can be to stand up to your employer if they are trying to interfere with your medical appointments after a workplace accident. That’s why we’re committed to standing up for injured workers across North Carolina. If your employer or their insurance company is attempting to violate your right to privacy, we’re here to help. Our experienced team knows the ins and outs of workers' compensation law and will fight to ensure your rights are protected. From handling overreaching employers to pursuing the benefits you need, we’ll be by your side every step of the way.
Don’t wait to take action. If you’re dealing with medical privacy concerns or any other legal hurdles after a workplace accident, call our workers’ comp attorneys at (919) 891-8361 today for a free consultation.