(On-the-Job Injury or Illness)
Protecting Your Privacy
New York State Workers' Compensation Board case records are private documents. Under workers' compensation law, only the parties to a claim may receive information from that claim's case file. Beyond the claimant and the claimant's attorney or representative, the following parties may see information:
- employer and employer's attorney.
- employer's workers' compensation insurer and its attorney.
The insurance carrier may share information with the health care provider hired to do a medical examination. The health care provider will share medical information with the insurer when billing for services.
Claim information may also be shared with anyone who obtains a court order authorizing access. This information may also be shared with government entities if they are processing a claim for benefits or investigating fraud. No one may disclose information to anyone who is not authorized to see it.
Written permission may be provided to allow someone access to your claim information by filing either:
- an original Claimant's Authorization to disclose Workers' Compensation Records (Form OC-110A) , or by calling (877) 632-4996, or
- an original notarized letter or form authorizing a particular person or entity to see your claim information.
Written permission may be submitted at any time. It is always helpful to share a copy of that document with the person authorized to see your records. Some people authorize their spouse or child to access their records when initially filing for benefits.
Prospective employers may not ask about a prospective employee's workers' compensation claims before hiring him or her, or in connection with assessing fitness or capability of employment.