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do i have to pay for what the company's workman compensation didn't pay.

Last post 06-22-2008, 9:44 AM by BamaGurlie. 1 replies.
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  •  06-09-2008, 7:25 PM 3094900

    do i have to pay for what the company's workman compensation didn't pay.

    In march 2005 I was involved in a vehicle accident, in which this was a one car crash. I went to the hospital for stitches on my arm. I was on the clock, and the company I was working for refused to pay for my hospital treatment.Last month ( MAY-2008) I recieved a bill from the hospital,stating thier still wanting payment.Should I seek an attorney.I am trying to establish my credit again and I don't need this problem. This company owner told me that at one time I was not an employee,that I was "borrowing" his vehicle to run errands,but he was trying to fraud his insurance company. He ended up having the vehicle insurance cancel his policy, and park at least 6 vehicles for a couple of days.I want go down without a fight, but I need to know my options. Thank You

                                                                                                                  RODNEY MORALES

  •  06-22-2008, 9:44 AM 3132820 in reply to 3094900

    Re: do i have to pay for what the company's workman compensation didn't pay.

    I'm not an atty but am a workers comp adjuster and wanted to respond from this perspective.

    I was wondering if your employer turned in a claim at all to the comp carrier or did he refuse outright? The comp carrier really should have had an opportunity to investigate this claim. I have investigated several employee vs contracted labor and there are certain circumstances that determines the difference of each, and how they apply to the particular situation. Without knowing all circumstances it would be difficult to say it should have been covered or not, but it should have been turned in to the carrier and investigated.  Also there is the issue of his auto policy covering your medicals, assuming there was medical coverages on his policy.  Even if he cancelled the policy after the accidet, assuming the accident occurred during the effective policy period it would still be covered.

    I would certainly seek legal advice to see what your options are. Keep in mind that there are statutes so I wouldn't waste much time. Good luck to you.

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