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Teresa Hendrick

Guest
What is the name of your state? West Virginia

My husband is a construction subcontractor who worked for various people. On July 1, 2004 he sustained an injury on the job (srpained ankle). He received treatment at our local hospital. On July 8, 2004 we returned to the ER because his foot had become infected. It was cellulitis. At that time the admitting nurse had me fill out a pink form. I realized about half way through that it was a workers compensation form and told her that he was responsible for his own medical bills because he was a subcontractor. In the care area they approached us again and we refused signature. The hospital sent us the original form which someone had written in the name of the company who suprevises the heavy equipment part. They also sent two other copies of the form at later dates asking for signature so it could be filed. We ignored the requests and figured they would drop it. They didn't. They filed the claim anyway and posted it against the company who was supervising the heavy equipment work there. The award was approved. We are not supposed to get this because technically my husband works for himself. Because of this admininstrative zealousness, the company overseeing the 'dirt" work on the job site has fired my husband and he is unable to get work with any company around here because of the claim. I have contacted WV Worker's Compensation Commission. I was told to write a letter detailing what transpired and to state that we wish for the claim to be nullified. This ia ll well and good, but him being off work for 17 days with the foot injury/infection and then being fired only two weeks after returning to work has left us in a financial delimma from which we see no escape. What type of law is this handled under??? I have contacted several attorneys and each referrs me to another stating that it is another form of law. It's not Workers Comp law; it's not medical malpractice law; it's not job descrimination law. I need some answers and I want that hospital to pay for the negligence of their employee for filing false paperwork to a state entitity. Please help me before we lose everything!!! We are facing eviction at the end of august.
 


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Teresa Hendrick

Guest
Comp has already approved the claim. They've sent a medical card and are offering payments to my husband which we can't accept because it's illegal. And no one is offering to take the case. It's so messed up. It has to fall in some catagory. Not comp, not malpractice... It's frustrating and I need some answers soon. If one more bill collector comes knocking I'll totally lose it. I've talked to at least a dozen law offices about it and each keeps saying it's in some other category. Can't somebody make a catagory for something that is evidently wrong? I'm sure prescedence has never bet set before on something that doesn't fit into any category.
 

ellencee

Senior Member
I found the law for West Virginia workers compensation. Start cashing those checks and paying your bills; apparently the hospital's employee knew the law!

§23-2-1d. Primary contractor liability; definitions; applications and exceptions; certificates of good standing; reimbursement and indemnification; termination of contracts; effective date; collections efforts.

(a) For the exclusive purposes of this section, the term "employer" as defined in section one of this article includes any primary contractor who regularly subcontracts with other employers for the performance of any work arising from or as a result of the primary contractor's own contract: Provided, That a subcontractor does not include one providing goods rather than services. For purposes of this subsection, extraction of natural resources is a provision of services.

There is the issue of terminating someone who is out of work and receiving workers comp benefits. Regardless of your husband's statements that he was refusing the benefits, the Workers Compensation Board may be able to help him.

Beth3 and cbg may have better information for you.

EC
 
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Consentlaw

Guest
Teresa, here is the good, the bad and the ugly

First off this is a malfeasence claim under the HIPPA act. Second there is no claim of violations for workers compensation. If they paid it, they paid it. It not your fault they submitted the information without your consent. Get a General Practice lawyer. In the future dont listen to Ellencee, she doesnt know what she is talking about, and only uses this site because she is going through a divorce with herself and the custody of her brain is in question.
 
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Teresa Hendrick

Guest
Excuse me?

Consentlaw: I looked up the HIPPA act (HIPAA) and don't really see a correlation here. I'm no law genius, but apparently neither are you. Please stay away from my postings. I need help - not a bunch of BS.
 

ellencee

Senior Member
Teresa Hendrick
I thought about this being a possibility: that the hospital has to submit a workers comp claim if the injury is work related and the patient does not have insurance or the ability to pay; that way the 'fund' does not pay medical expenses that would have been paid by another provider. I'm not saying that is anything BUT a possibility. pele may know the answer, but I've not recently seen any post by her.

I know if I were in your shoes, I'd take the money and pay the bills and after I got the issue resolved, if they wanted the money back, I'd pay it back. From what I read in your state's laws, I think your husband is entitled to the money and surely the contractor knew this because he did not file an objection based on no responsibility to provide workers comp. For me, that would be enough to justify my paying the bills and worrying about the rest later.

EC
 
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Teresa Hendrick

Guest
Sounds reasonable. I have a couple of calls in to MORE lawyers...lol. I just want it resolved. We asked 10 days ago for the claim to be dropped, so I don't know if the money/medical is still available. Time will tell. Thank you ellencee

Blessings...
Teresa
 

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