Workplace injury , company owner insisted on me using regular insurance. Promised to pay medical bills and have not .

[Zigner]

An injured employee has 60 days to file a worker’s compensation claim ... so the claim might have to be argued.

Not all injuries that occur "at work" are work comp matters. I'd like to hear a bit more information from the OP.

 

[quincy]

Not all injuries that occur "at work" are work comp matters. I'd like to hear a bit more information from the OP.

More information is always helpful.

 

[Cydog]

On the website , you sent me the link .....
“
For most accidental injuries not ending in death, employees have 60 days to file a claim. “

 

[quincy]

On the website , you sent me the link .....
“
For most accidental injuries not ending in death, employees have 60 days to file a claim. “

Yes. I mentioned that in a post. The delay in reporting and filing a worker’s compensation injury claim may have to be argued in your claim as being a result of your employer’s misdirection. An attorney might be necessary.

 

[Cydog]

I was discussing the project with another contractor at the customers site . It was a lot of ice on the pavement . I slipped and fell on my left side . Broke one rib and collapsed my left lung .

 

[quincy]

Here is a link to the worker’s compensation statute (click “next” to read the full text):

https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=9-201

Did your employer say why he didn’t want to report the injury to his worker’s compensation insurer?

 

[Zigner]

I was discussing the project with another contractor at the customers site . It was a lot of ice on the pavement . I slipped and fell on my left side . Broke one rib and collapsed my left lung .

Thank you for the additional information. It sounds like this would be an injury that should be reported to work comp.

I know you are concerned about the 6-month claim time-limit, but the fact that you did report this accident to your employer and the employer failed to report it to the MWCC may change things. I would suggest you speak with a work-comp attorney.

 

[Cydog]

I hate doing that . It is a small business. I’m healed up . If he would just pay the $1,900 , everything would be fine. I asked him 3 times and sent him the invoice each time.

 

[Zigner]

I hate doing that . It is a small business. I’m healed up . If he would just pay the $1,900 , everything would be fine. I asked him 3 times and sent him the invoice each time.

It sounds like you're at a crossroads. You need to decide if the $1,900 is more important than your relationship with this guy and the affect it may have on his business. Just keep in mind that he's already made his choice...

 

[quincy]

I hate doing that . It is a small business. I’m healed up . If he would just pay the $1,900 , everything would be fine. I asked him 3 times and sent him the invoice each time.

Your employer has not followed the law. His oral promises to pay your medical expenses are meaningless if he has failed to follow through with his promises.

You should seek out assistance from a local employment law attorney.

 

[cbg]

If you are looking for a way you can force your employer to honor his promises without the involvement of the legal system, there isn't one.

You have two choices. You can contact a workers comp attorney/your workers comp carrier yourself, possibly get the bill paid, and deal with the employer, or you can do nothing, not get the bill paid, and continue your relationship with the employer as is. There is no door number 3 where you do not contact anyone but the employer is somehow backed into a corner and pays your bill.

 

[adjusterjack]

Did your employer say why he didn’t want to report the injury to his worker’s compensation insurer?

Didn't have to.

He doesn't want a claim on his policy and he doesn't want his rates to go up. Contractors pay a lot for WC insurance.

I hate doing that . It is a small business. I’m healed up . If he would just pay the $1,900 , everything would be fine. I asked him 3 times and sent him the invoice each time.

What your employer did was illegal.

You don't need a WC lawyer at the moment. You need only report him to the Maryland Workers Compensation Commission.

Maryland Workers' Compensation Commission (state.md.us)

 

[quincy]

A letter to your employer from an employment law attorney might be enough to encourage the employer to pay the medical expenses or submit a late claim to his WC insurer.

It is possible that the employer does not have worker’s compensation insurance or he could be worried about an increase in his insurance rates - but whatever the case may be, he was legally required to report the accident to his insurer. An attorney letter can emphasize that fact.

 

[zddoodah]

My boss ( Owner ) wanted me to use my insurance, instead of workman’s compensation . I have texts and emails saying that he was going to pay the out of pocket that I need to pay . So you say there is nothing I can do , legally ?

I thought what I wrote previously was pretty clear, so I'll just repeat it: All you need to do is go through your employer's workers' comp. That your employer wants you to do something else isn't really relevant. You have a legal right to go through workers' comp (again, assuming your injury occurred in the course and scope of your employment).

your employer's promise to pay your medical expenses that weren't covered by regular health insurance isn't legally enforceable. There is not "nothing [you] can do legally." You can, as I told you, go through your employer's workers comp. What you cannot do is enforce your employer's promise to pay your bills. Why? Because promises that are not supported by consideration are not enforceable. Consideration is giving or agreeing to give something to the other party or refraining or promising to refrain from doing something one has a legal right to do. You did none of those things in exchange for your employer's promise to pay. I suppose one could argue that your agreement not to use workers' comp is consideration, but suing your employer to enforce that promise would be a much worse option than pursing a workers' comp claim.

Your options are to convince your employer to do what he agreed, sue your employer, or make a workers' comp claim against your employer's wishes. Needless to say that the second and third option are fraught with peril.

 

[Zigner]

Because promises that are not supported by consideration are not enforceable.

I dunno...detrimental reliance comes to mind, and since the OP has waited so long, filing a WC claim may not be as easy an option as it sounds.