GLENWOOD SPRINGS, Colo. - eTradeWire -- Are you feeling discriminated against based off your mental health by your employer?

This issue raises questions about the delicate balance between your right to privacy, and an employer's need to ensure a safe and productive workplace.

A common concern employees bring to Kaufman & Kaufman's Colorado workers compensation attorneys is if their employers have access to their mental health records.

What Information Can Be Found in My Mental Health Records?

Mental health records are protected by strict privacy laws, most notable by the Health Insurance Portability and Accountability Act (HIPAA). Under HIPAA, healthcare providers are legally required to maintain the confidentiality of patients' medical records, including mental health information. There are a few exceptions that apply such as danger to one's life or others.

These records include information related to your mental health diagnosis, treatment, therapy sessions, medications, and any other relevant details documented by mental health professionals.

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Cases when your employer can view your mental health records are:

Reasonable Accommodation Requests

When requesting reasonable accommodations from your employer due to a mental health condition, they can ask for documentation as proof that your accommodation is needed, and ensure compliance with the relevant laws. This can include adjustments to your work environment, schedule modifications, or other changes that help you perform your job effectively.

Voluntary Disclosure

If you choose to share details about your mental health condition with your employer, either in conversation or through formal documentation, they may have access to your mental health records to ensure you are safe if they feel you are in danger of hurting yourself or others.

Legal Obligations and Investigations

Legal obligations or investigations can require employers to access their employee's mental health records. An example is filing a workers compensation claim related to a mental health condition. This is so employers can review relevant medical records to fulfill their legal duties and responsibilities.

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Contact a Colorado Workers Compensation Attorney to Learn Your Rights!

If you have concerns about your employer accessing your mental health records, consider consulting a Colorado workers compensation attorney. Understanding your rights and knowing when your employer can access your mental health records empowers you to make informed decisions advocate for your well-being in the workplace.
Contact Kaufman & Kaufman today, they'd love to help!

About Kaufman & Kaufman, LLC: Located in Glenwood Springs, Co, Kaufman & Kaufman, LLC. is a family practice handling workers' compensation. For more than five decades, the law firm of Kaufman & Kaufman, LLC. has been helping injured workers fight for the benefits they deserve.