(Off-the-Job Injury or Illness)
Protecting Your Privacy
Any and all documents that you file with the Board, or that are filed with the Board in conjunction with your claim for benefits are protected from disclosure pursuant to Workers' Compensation Law §110-a.
Workers' Compensation Law §110-a prohibits the release of any of the information in your case file except to those who are party to your claim (including your employer, their workers' compensation insurance carrier, their attorney and your attorney), anyone to whom you have given written permission to access your claim information, or anyone who has obtained a court-order authorizing them to access your claim information. Your information may be shared with other government entities in order for them to process claims for benefits or investigate fraud. Finally, your health care providers may have access to portions of your claim file, in order that they may ascertain payment for services.
The law also prohibits anyone from re-disclosing your information to anyone who is not authorized to have access to it.
There are two ways for you to authorize another person or entity to have access to your claim file information:
- By submitting an original Form OC-110A, Claimant's Authorization to Disclose Workers' Compensation Records ; or
- By submitting an original notarized letter or form indicating your authorization that a particular person or entity may have access to your claim information.
You may submit your authorization at any time during the course of your compensation claim. Providing a copy of the authorization to the person to whom you have granted authorization will always help that person obtain access. Some people choose to submit an OC-110A form when they initially file for benefits, authorizing their spouse or child to access their case file information on their behalf.
The law prohibits prospective employers from requiring you to release claim information to them, or in connection with assessing fitness or capability of employment.