Case Privacy
All documents the Workers' Compensation Board has about your case are private, but will be seen by the people involved in your case. This means that the people who may see your case information and medical reports include:
- Your attorney or representative (if you have hired one);
- Your employer and your employer's attorney or representative;
- Your employer's workers' compensation insurance company or third-party administrator, and its attorney or representative;
- Your doctor or health care provider (limited case information);
- An independent medical examiner that may be hired to examine you; and
- The employees of the Workers' Compensation Board.
Other people, identified in WCL § 110-a(2) (Authorized Disclosure), are also permitted to access your case.
You may give written permission for another person to see your case information at any time by:
- Filing an original Claimant's Authorization to Disclose Workers' Compensation Records (Form OC-110A).
- Filing an original notarized letter authorizing a particular person or entity to see your workers' compensation claim information.
It is always helpful to share a copy of the OC-110A form or the notarized letter with the person authorized to see your records. Some people authorize their spouse or child to access their records when initially filing for benefits.
You are not allowed to authorize a prospective employer to see information about past workers' compensation claims, and a prospective employer cannot ask you for authorization to do so.
People who are authorized to see your workers' compensation claim information are not allowed to share your claim information with anyone who is not authorized to see it.
For guidance on appropriate communications among the participants in the New York workers' compensation system, see the Board's communications guidelines.
Website Privacy
Introduction
This website is designed to make it easier and more efficient for individuals and businesses to interact with the Board. The Board recognizes that it is critical for individuals and businesses to be confident that their privacy is protected when they visit the Board's website.
Consistent with the provisions of the Internet Security and Privacy Act, this policy describes the Board's privacy practices regarding information collected from users of this website. This policy describes what information is collected and how that information is used. Because this privacy policy only applies to this website, you should examine the privacy policy of any website, including other State agency websites, that you access via the Board's website.
For purposes of this policy, "personal information" means any information concerning a natural person, as opposed to a corporate entity, which, because of name, number, symbol, mark, or other identifier, can be used to identify that natural person. The Board only collects personal information when that information is provided voluntarily by sending an email, responding to a survey, or completing an online transaction.
Information Collected Automatically When You Visit this Website
When visiting this website the Board automatically collects and stores some information about your visit, however; none of this information is personal information.
The information that is collected automatically is used to improve this website's content and to help the Board understand how users are interacting with the website. This information is collected for statistical analysis, to determine what information is of most and least interest to our constituents, and to improve the utility of the material available on the website. The information is not collected for commercial marketing purposes and the Board is not authorized to sell or otherwise disclose the information collected from the website for commercial marketing purposes.
Cookies
The Board may use a technology called "cookies" which can be used to provide tailored information from a website in order to better serve you. A cookie is an element of data that is sent to your browser and stored on your system. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Refusing or deleting cookies may limit your ability to take advantage of some features of this website.
The cookies the Board uses do not obtain personal information about website visitors. The only way we can obtain personal information is if you voluntarily provide it.
Information Collected When You Email the Board or Initiate an Online Transaction
During your visit to this website you may send an email to the Board. Your email address and the contents of your message will be collected. The information collected is not limited to text characters and may include audio, video, and graphic information formats included in the message. Your email address and the information included in your message will be used to respond to you, to address issues you identify, to improve this website, or to forward your message to another State agency for appropriate action. Your email address is not collected for commercial purposes and the Board is not authorized to sell or otherwise disclose your email address for commercial purposes.
During your visit to this website you may initiate a transaction such as a survey, registration, order form for publications, or you may submit forms for inclusion in one of the Board's electronic systems. The information, including personal information, volunteered by you in initiating the transaction is used by the Board to operate Board programs, which include the provision of goods, services, information, and the adjudication of awards. Personal information submitted to the Board via the Board's website may be routed directly into a claimant case file. All information provided to the Board, through any media, will be kept private and will not be disclosed except as provided under section 110-a of the Workers' Compensation Law, and Articles 6 and 6-A of the Public Officers Law.
The Board does not knowingly collect personal information from children or create profiles of children through this website. Users are cautioned, however, that the collection of personal information submitted in an email or through an online transaction will be treated as though it was submitted by an adult, and may, unless exempted from access by federal or state law, be subject to public access. The Board strongly encourages parents and teachers to be involved in children's internet activities and to provide guidance whenever children are asked to provide personal information online.
Information and Choice
As noted above, the Board does not collect any personal information about you during your visit to this website unless you provide that information voluntarily by sending an email or initiating an online transaction. You may choose not to send us an email, or submit information via this website. This will not prevent you from requesting services or products from the Board by other means and will not normally have an impact on your ability to take advantage of other features of the website, including browsing or downloading most publicly available information.
Disclosure of Information Collected Through This Website
The collection of information through this website and the disclosure of that information are subject to the provisions of the internet Security and Privacy Act, the Personal Privacy Protection Law, the Freedom of Information Law and Workers' Compensation Law §110-a Confidentiality of Workers' Compensation Records. Participation in an online transaction resulting in the disclosure of personal information to the Board by the constituent, whether solicited or unsolicited, constitutes consent to the collection and disclosure of the information by the Board for the purposes reasonably ascertainable from the nature and terms of the transaction.
The Board may disclose personal information to federal or state law enforcement authorities to enforce the Board's rights against unauthorized access or attempted unauthorized access to the Board's information technology assets or against other inappropriate use of this website.
Retention of Information Collected Through this Website
The Board retains information collected through this website in accordance with the records retention and disposition requirements of the New York State Arts & Cultural Affairs Law, and the Workers' Compensation Law. In general, the internet services logs of the Board, comprising electronic files or automated logs created to monitor access and use of Agency services provided through this website, are retained for six weeks. Information, including personal information, that you submit in an email or when you conduct business with the Board online, is retained in accordance with the records retention and disposition schedules established for the records of the program unit to which you submitted the information. Information concerning these records retention and disposition schedules may be obtained through the Records Management Officer.
Access to and Correction of Personal Information Collected Through this Website
Any user may submit a request for records to the Privacy Compliance Officer to determine whether personal information pertaining to that user has been collected through this website. Any such request shall be made in writing to the address below:
Privacy Compliance Officer
Office of General Counsel
328 State Street
Schenectady, NY 12305-2318
(518) 486-7676
The Privacy Compliance Officer shall, within five (5) business days of the date of the receipt of a proper request: (i) provide access to the personal information; (ii) deny access in writing, explaining the reasons therefore; or (iii) acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which date shall not be more than thirty (30) days from the date of the acknowledgment.
Any user, from whom the Board has collected personal information, has the right to request that the personal information be amended or corrected under the procedures set forth in section 95 of the Public Officers Law.
Confidentiality and Integrity of Personal Information Collected Through this Website
The Board is strongly committed to protecting personal information collected through this website against unauthorized access, use, or disclosure. Consequently, the Board limits employee access to personal information collected through this website to only those employees who need access to the information in the performance of their official duties. Employees who have access to this information are required to follow the law and Board procedures in connection with any disclosures of personal information.
In addition, the Board has implemented procedures to safeguard the integrity of its information technology assets, including, but not limited to, authentication, monitoring, auditing, and encryption. These security procedures have been integrated into the design, implementation, and day-to-day operations of this website as part of our continuing commitment to the security of electronic content as well as the electronic transmission of information.
For website security purposes and to maintain the availability of the website for all users, the Board employs software to monitor traffic to identify unauthorized attempts to upload or change information or otherwise damage this website.
Links
In order to provide users with certain information, the Board provides links to the websites of local, state, and federal government agencies, and to the websites of other organizations. A link does not constitute an endorsement of the content, viewpoint, accuracy, opinions, policies, products, services, or accessibility of that website. Once you link to another website from this website, including one maintained by the state, you are subject to the terms and conditions of that website, including, but not limited to, its internet privacy policy.
Disclaimer
The information provided in this privacy policy should not be construed as giving business, legal, or other advice, or warranting as fail proof, the security of information provided through this website.
HIPAA
In order to help claimants receive worker's compensation benefits faster, please be aware that HIPAA does not prohibit doctors and other medical providers from speaking to an insurer regarding whether the claimant is disabled from work. The provider can also obtain carrier contact information for the submission of medical reports and bills. As with any communication, medical providers should follow the minimum necessary requirement and should keep their patients in the loop. A brief conversation where the medical provider lets the insurer know that the injured worker must stay out of work and obtains the correct address for submission of medical reports can help speed the delivery of benefits.
HIPAA Restrictions and Medical Records - Workers' Compensation Guidelines