Facilitating workers’ access to their personal and health information empowers workers to contribute to decisions about their recovery and return to work.
Principle
Workers will be provided with convenient and timely access to their personal and health information in accordance with relevant privacy and workers compensation laws.
Expectations
Benchmarks
S2.1
Insurers are to advise workers of their right to access their personal and health information.
Evidence on claim file
S2.2
Insurers are to ensure third-party providers are aware that any report provided in relation to a worker may be released to the worker.
Evidence on claim file
S2.3
Insurers are to promptly respond to any request by the worker or their representative for information contained in the insurer’s claim file.
Written response provided within 10 working days from receipt of the request
Facilitating workers’ access their personal and health information empowers workers to contribute to decisions about their recovery and return to work.
NSW workers compensation legislation does not limit or prevent workers from exercising their rights under the relevant privacy laws to access their personal and health information.
Consistent with relevant privacy principles and privacy laws in NSW and Australia, a worker’s personal and health information held by insurers should be available to the worker at their request. While there are some exemptions to the general presumption of access, these exist in limited circumstances.
Allowing workers access to information empowers them to manage their own injuries, as well as promote and participate fully in their return to health and work. Access to their personal and health information also ensures workers are informed throughout the claims process.
Any grounds for caution regarding the release of information to a worker should be based on concerns regarding the safety and well-being of the worker or others.
A worker’s personal and health information should not be withheld because release of the information may be contrary to employer or insurer interests in the event of litigation (subject to legal professional privilege).
