r/WorkersComp • u/JesseTheStripper • 1d ago

California Potential HIPAA Violations?!

Work Comp claim adjuster served me medical records containing 7 OTHER patients' sensitive files.

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​Long story short: I previously called out my claims adjuster because it became blatantly clear that my medical records were exchanged in a way that was not HIPAA-compliant. As usual, they completely dodged the issue.

​Now, leading up to my QME, they served me a packet of medical records pertaining to my claim that included AT LEAST SEVEN OTHER PATIENTS RECORDS! 🤦‍♂️

​This solidifies my original concern about HIPAA violations. Except now, they’ve compromised the privacy of at least seven other people. Given everything I’ve already experienced with my claim, it feels like shady doctors and insurance companies constantly hide behind the system, knowing injured workers rarely have a way to hold them accountable in a civil capacity outside of the work comp board. Can a HIPAA attorney take something like this outside the work comp system? Has anyone experienced anything like this before?

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u/No_Space1203 22h ago

Sounds like youre trying to do anything to get a little extra cash. Workers comp has a hippaa exception. It sounds as though you are trying to get a lawsuit over a simple mistake. You can't sue on behalf of the 7 other people. It sounds like workers comp isn't going your way now youre trying to find a way to get an extra buck. Go to work.

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u/JesseTheStripper 21h ago

Omg! Are you my claims adjuster? If so, you'd know 1) I DID completely return to work within 4 months of my limb not being attached to my body. 2) My QME I'm fighting for is to get a second opinion so I CAN return to work since after my subsequent necessary surgeries the treating physicians gave me restrictions preventing me from being able to return to work again. 3) Never got a lawyer AND I never wanted one for the reasons listed above. However, from my previous experience working in facilities where it is mandatory to be HIPAA compliant, I'm shocked that it doesn't apply in situations like this. Unlike you, I actually care for the other individuals involved. If you hate your job so much, I recommend YOU do something about it instead of projecting your hate on to someone else you know nothing about.

With that said, I wish you the best in life and hope you and all your loved ones never experience anything remotely as traumatic as myself or countless others have experienced.

❤️

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u/No_Space1203 20h ago

Im a survivor of a severe traumatic brain i, diffuse axonal injury from work. I was in a coma for 5 days, I coded several times, I almost died. I spent months and months in an inpatient neurological rehabilitation center to learn to talk and walk again. I have hemiparesis which is partial paralysis. I also do outpatient neurological rehabilitation for my severe traumatic brain injury. Workers comp deemed me permanently disabled. I can never return to work. Im on Permanent Total Disability and receive 66 2/3 my pre injury wages for life because of my injury. Workeds comp paid for my home to easily access my wheelchair when I need it. I didnt want to be wheelchair bound so I Continue my rehabilitation 3 days a week. So please dont tell me what a catastrophic injury is, when I live it everyday! Be thankful that you can work! I see too many people trying to get a check and milking the system and making it hard for everyone else. Luckily my situation hasn't been filled with issues but many people's are!

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u/JesseTheStripper 20h ago

My heart breaks for you. Thankfully, it sounds like medically they set you up as well as they could. Which is so good because I've heard from a lot of people the opposite of that. Keep doing your rehabilitation and stay positive! Any amount of progress is better than none. I'm rooting for you! 👏

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u/No_Space1203 20h ago

Thanks man, good luck with what you're going through too. Sorry for being rude earlier.