Why Do I Have to Sign Releases for My Workers’ Compensation Claim?

Dec 21, 2020 | WC & Other Laws

If you’ve been injured on the job in Colorado and are filing for workers’ compensation benefits, chances are you’ve been asked to sign a release—giving the insurance company permission to access your past medical and employment records.

Many injured workers ask us: “Do I really have to sign this? Why does the insurance company need to see my old records?”

It’s a fair question. In this post, we’ll explain why releases are required, how your privacy can still be protected, and what Kaplan Morrell does to safeguard your sensitive information.

why do i have to sign a release in workers comp

What Is a Release and Why Do Insurance Companies Ask for It?

A release is a legal document that gives an insurance company permission to obtain your prior medical records and review your employment history—usually from the past five years.

Why? Because when you file a workers’ compensation claim, you are asking for:

  • Medical care
  • Wage replacement
  • Compensation for any permanent impairment

The insurance company needs to verify that the injury you’re claiming was actually caused by work, and not by a pre-existing condition or an off-the-job event. To do this, they review your previous medical history related to the injured body part and job history for any signs of prior disability or similar claims.

Without your written permission, they cannot access this information.

Will the Insurance Company See My Entire Medical History?

The good news is no—they shouldn’t.

Your unrelated medical history is protected. For example, if you’re filing a claim for a work-related shoulder injury, the insurance company doesn’t have the right to dig into unrelated records about mental health, pregnancy, cancer treatment, or any other non-relevant health concerns.

This is where having an experienced workers’ compensation attorney matters. At Kaplan Morrell, we:

  • Push back when insurance companies overreach.
  • Ensure that releases are narrowly tailored—limited only to the body parts or medical conditions directly related to your work injury.
  • Make sure releases are temporary, not open-ended.

Do I Really Have to Sign the Release?

The short answer is: Yes—if you want your claim to move forward.

  • Without signing the release, the insurance company can:
  • Refuse to pay for your medical treatment
  • Deny your claim for lost wages
  • Delay or reject your case entirely

Think of it this way: if you’re asking for compensation for a back injury or shoulder injury, the insurer has a legal right to verify that the injury wasn’t:

  • Caused by an old sports injury
  • The result of a pre-existing condition
  • Already reported elsewhere in your employment history

That said, you don’t have to give them free rein over your entire medical file—and we’ll help make sure you don’t.

How Kaplan Morrell Protects Your Privacy

At Kaplan Morrell, protecting your medical privacy is one of our top priorities. We:

  • Review every release request
  • Negotiate limitations on what information the insurance company can access
  • Ensure compliance with Colorado law and HIPAA privacy protections
  • Fight back when insurers try to obtain irrelevant or overly broad records

We’ve been helping injured workers throughout Colorado since 1995, and we know how to keep the process fair while helping you get the care and compensation you deserve.

We’re Here to Help—Contact Us for a Free Consultation

Don’t try to handle your workers’ compensation case alone. Even seemingly simple situations can get complicated when insurance companies start digging through your past records.

Call Kaplan Morrell today at 970-356-9898 for a free consultation.