Q: Is it legal for an employer to ask you to use your own insurance for an on the job injury?
My wife works at a drug and alcohol detox facility, she was stuck with a dirty needle while searching a new patients belongings, her employer sent her to the ER to be checked out as is protocol for her job. The HR department instructed my wife to use her personal insurance and said that they would Pay the co-pays and bills. We sent them the bills the day we got them, now 4 months later only one has been paid and the other just went to collections and negatively affected our personal credit. My wife followed up at least 5 times about these bills and was assured every step of the way that they would be paid in time. Is it worth pursuing legal action over this?
To clarify, my wife told the ER it happened at work and that she was using her personal.insurance which is what she was instructed to do by her employer. She did not try to make it seem like it did not take place at work.
A: Your wife has a workers compensation claim and submitting these expenses to your personal insurance is potentially insurance fraud. She should contact her HR department about making a workers compensation claim immediately and notify her health insurer that the ER visit was for a work related injury.
A: Your wife has a valid Workers Compensation claim. You must find a good Workers Comp Attorney to Fight for her Claim. She is entitled to medical and disability benefits including compensation for any permanent impairment or disability due to the injury or consequences.
A: You should get your wife to have a consultation with a Workers Comp attorney and let them explain her options. She should do this right away and not wait.
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