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Mindscrude | Does workers comp cover former employees? |
I was injured at work two months before I was fired and I am currently dealing with a hospital bill that won't go away. I don't have the money to pay for it. I've been calling my former employer, the hospital, and the insurance company and no one seems to be helping very much. |
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Don Drapers woman
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Depending on the state you live in, you usually have a year from the date of injury to file a work comp claim. Indiana allows 2 years. If you filed a work comp claim, then you need to tell the hospital it was work comp, give them your claim number and insurance carrier name. If you did not file a work comp claim, you may have some difficulty in getting a claim accepted at a late date. Even though the law allows a year to file (depending again on the state) the adjuster will be suspicious and wonder why you waited so long to file. If your former employer denies you had any sort of injury on the job, you will have a problem getting your claim accepted. Just because you were fired is no reason for your former employer to deny your work comp claim. If you were an employee on the day you were injured, you are covered. Good luck to you. |
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fuzzykitty
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Can you prove you were injuried at work , on the job?? Did you report it when it happened?? |
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src50
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Did you notify your employer of the injury and file a WC claim at the time you were injured? That is your responsibily as an employee. If you didn't, you'll have a hard time proving your case now. |
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A decent answer
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Well the problem is now what you have is your trying to report a claim that is 2+ months old. You will need to talk with your doctor telling them that this is a work comp claim. However your claim will raise significant "red flags" because:
1. it's reported late, some states require you to report it by a certain time frame, 60 days or 90 days.
2. You got fired, even though your covered up to your termination many adjusters will see this as a retaliation claim. You mad you got fired so your sticking it to them
From my view your claim could go either way, it could be accepted but could be denied. If your company knew of the injury and didn't report it than it could be reported than you might be able to be OK with this. But if they don't know anything about it than you have the burden of proof.
Call an attorney and tell him your situation, you might have a case but than again an attorney might not want to touch this because it's been so long and they might not want to deal with this.
If an attorney won't help you on this and you did file it than ask about a small settlement to kill off the bill. It's one option that you look at. |
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mbrcatz
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OK, what you're asking is, do workers comp benefits cease when your terminated.
The answer is no. If the injury was covered while you were employed, it's STILL covered after you're terminated.
Your adjuster should be telling you, "yes, we're accepting this claim" or "no, we're denying this claim". It's pretty clear cut. And if they're accepting it, they should pay it. If they're denying it, you're going to have to pay it, and maybe hire a lawyer to get the claim covered. If they are denying it, they'll tell you why. |
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Sue
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Was claim reported right away? If so, the workers comp company should be paying it, denying it (if the injury was NOT work related at all, even if you were on the job - example, I know of someone that had their arm broken while arm wrestling at work, NOT covered) & the reason (they you would have to pay if denied for a valid reason), or paying a portion of it. If they pay a portion of it, they will need to explain why - probably bill exceeds "reasonable & costumary" charges. If you are still getting no where, call the State Insurance Dept, ask for someone that deals with workers comp. They should be able to explain to you your rights, what should be happening, etc. My husband was injured at work, he just had to go to the ER & then went back to work. The hospital tried to bill him for the difference in the bill & what the insurance company paid. In our state this was illegal, the hospital threatened collections, threatened lawyers, etc, but they had no leg to stand on (if I was not an agent, my husband would not have known this & paid the bill). So, when my husband called the dept of insurance, they called the hospital, faxed the law, etc. Then, when my husband got ANOTHER bill, the same person at the state faxed over the law when the person was on the phone, they finally got the paperwork & wrote off the bill. My husband did not owe a dime. Calling the State is free, I would go that route before calling an attorney. |
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