I don’t want to file a claim!

I don’t want to file a claim!

I’ve been representing workers’ compensation clients for close to 22 years and I’ve heard that many times.  It usually takes place in the following context.

Injured at work –> need medical care –> not sure what to do or how to do it –> don’t want to anger the employer by getting lawyer involved or filing a claim.

The reality is that if you are hurt at work and need medical care, then the workers’ compensation laws apply and the workers’ compensation insurance covers the medical bills, NOT your regular health insurance.

If you try to put a work injury through your regular health insurance, you will end up with a problem when the health insurance figures out that you want them to pay for medical care related to a work injury.  Some might even call your effort to do this insurance fraud.

The insurance that pays for your medical care for a work injury is your employer’s workers’ compensation insurance.  And that means you have a workers’ compensation claim that is going through your employer’s workers’ comp insurance.  So like it or not, even if you don’t want to file a claim, you have a claim going anyway just by virtue of being hurt at work and seeking medical care.

You might as well have your own lawyer to watch your back and make sure the insurance company plays by the rules to pay you the workers’ comp benefits you are supposed to receive under the law, including paying for your medical care.  Just remember that when you are hurt at work, even if you don’t want to file a claim, you have one going anyway, and you should consult with an experienced workers’ compensation attorney.