Hurt on the job?
Question:
Now he has been hired on at a different company for over a year. We just recieved the medical bill for this injury from 2 years ago. The medical center is saying that the temp agency said "he was NOT injured on the job and there was no incident report filled out so WE are responsible for the medical payment"
The man who was the safety coordinator for his old company is now his boss at the new company and he remembers filling out an incident report.
the temp agency is just trying to screw us because he doesn't work there anymore.. blah blah blah.
what do we do? Get a lawyer?
Answers:
Before going to a lawyer make sure the temp agency was informed of the accident. If you husband didn't do it don't assume the company he was contracted to did; they have no (legal) obligation to report the accident to the agency. So the agency may have grounds to deny it, until the proper documentation is forwarded by their client (the company your husband was working at) to them.
The temp agency will be responsible (in most states) regardless of whether they were notified or not. However, you cannot just ignore the bill because they medical center performed the service and can cause problems with your credit. If talking to the temp agency doesn't work balance the cost of a lawyer with the cost of just paying the bill.
Worker comp questions are difficult to answer because many states have different laws that can be quite specific and obscure.
Other Answers:
Definately go see a lawyer and let him advise you as to what your next steps should be.
You should really get a lawyer and from there he will tell and advise you what to do
YES..Call the hammer.Brian Loncarr
omg you shuild get a lawyer that is crap go with it sister
Pick your fights. It depends on how big the bill is. I mean principle says to get a lawyer and fight it. If the bill is of a significant amount then get a lawyer. It may take something as simple as 'legal counsel' writing a letter to the company which might not cost you too much. If it is going to cost more to fight it than the bill is you might do better to just pay it on a plan. I know that sucks but that might be the best.
Source(s):
Been there!
a good lawyer, one that will work pro bono
Dont pay the bill and let them take you to court. If it does go to court, have his boss as a witness and make sure you have the paper work filled out of what happened on the job. They will have a hard time proving it didnt happen on the job. Then turn around a sue them for punitive damages and lost time.
Unfortunately, there are some employers who do not properly file the claim on behalf of the Injured Worker, i.e. either by mistake or by dishonesty.
Hopefully your husband KEPT A COPY of the Accident Report. If he did, then he can contact the Workers' Comp Board, and would have some sort of proof that he DID in fact file the claim timely.
I would do the following:
1 - Contact the state Workers' Comp Board.
2 - Ask if they have a claim for that injury. If so, get a claim #, and the name of the insurance carrier who would be responsible.
3 - OR your hubby can ask the guy who was the former Risk Manager, for the name of the workers' comp carrier who would have been at risk in 2004.
4- Contact the workers' comp carrier - sometimes they keep a file of claims & may NOT be required to file at the State Workers Comp Board (i.e. if your hubby had no lost time in 2004).
5 - If, after contacting both the Workers Comp Board & the workers comp carrier, - they tell you there is no claim - then you can do either:
1 - Contact a workers' comp attorney, who specializes in workers comp.
2 - IMMEDIATELY file a claim.
LESSON = ALWAYS keep a copy of everything related to ANY work-related injury.
If you need to visit a workers comp Forum
visit www.Prairielaw.com
For workers' comp insight & other helpful stuff, you can visit http://www.GettingWorkersComp.com
Source(s):
http://gettingworkerscomp.com/Getting%20Workers%20Comp%20A%20Must-Know%20.html
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