Workers' Compensation Coverage
What To Do When An Accident Happens
Privacy of Case Records
Workers' Compensation Law section 110-a limits access to an individual's workers' compensation file to the claimant, the claimant's attorney or licensed representative (upon filing of an OC-400, Notice of Retainer and Substitution ), and the employer/insurance carrier or their agents acting within the scope of their duties in evaluating, processing, and settling the claim.
Access can be gained by other parties by securing authorization from the claimant by filing Form OC-110A, Claimant's Authorization to Disclose Workers' Compensation Records , an authorization from the claimant or a court ordered subpoena or court order from a court of competent jurisdiction, and then submitting it to the Board. The original authorization, subpoena or court order must be filed with the Board. Copies of the original are not sufficient to gain access.
The law prohibits authorization by the claimant directing disclosure of records to a prospective employer, or in connection with assessing fitness or capability for employment. It is unlawful for any employer to inquire into, or to consider for the purpose of assessing fitness or capability for employment, whether a job applicant has filed for or received workers' compensation benefits (WCL §125).