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

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Cydog

Member
Good Morning ,

Slipped on the ice in January , broke a rib and punctured a lung . My boss , ( the owner ) told me to use the company health insurance , instead of using workman’s comp . He said he would pay the $1,900 . I sent him the invoice for $ 1,900 , 3 times , and ask him to pay them like he said , and he has not payed it . It is now May . Should I get a lawyer ?
 


zddoodah

Active Member
While you didn't describe how you slipping on the ice relates to your employment, I'll assume that it does. All you need to do is go through your employer's workers' comp. It's not clear what "the $1,900" represents, but your employer's promise to pay your medical expenses that weren't covered by regular health insurance isn't legally enforceable.
 

Cydog

Member
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 ? Thanks
 

Cydog

Member
Running a project at a customer. Slipped on the ice at the customers factory . I’m not the type that sues , I just want my boss to do what he said he would do , is pay the out of pocket , that workman’s would of covered .
 

quincy

Senior Member
Running a project at a customer. Slipped on the ice at the customers factory . I’m not the type that sues , I just want my boss to do what he said he would do , is pay the out of pocket , that workman’s would of covered .
A worker’s compensation claim should have been filed - and should be filed now - despite your employer’s wishes.
 

Cydog

Member
I know. Can you still file a claim ? Doing this would certainly cause me and the owner , that have been friends for 35 years , to sever ties :( . Sad to say.
 

quincy

Senior Member
I know. Can you still file a claim ? Doing this would certainly cause me and the owner , that have been friends for 35 years , to sever ties :( . Sad to say.
Yes. You can still file a claim. I think any friendship ties you might have had with your employer probably were severed when he failed to report your injury.
 

Zigner

Senior Member, Non-Attorney
Running a project at a customer.
I'm sorry - I should have been more specific with my question.

What, exactly, were you doing when the accident happened? Were you walking around on your break? Were you walking to/from your car at the beginning/end of the day? Were you actively working at the time of the accident?
 

Zigner

Senior Member, Non-Attorney
A worker’s compensation claim should have been filed - and should be filed now - despite your employer’s wishes.
I'm not (yet) convinced this is correct. It may very well turn out to be, but it's possible that this is not a WC matter.
 

quincy

Senior Member
I'm not (yet) convinced this is correct. It may very well turn out to be, but it's possible that this is not a WC matter.
An injured employee generally has 60 days from the date of injury to file a worker’s compensation claim ... so the claim might have to be argued. The employer should have reported the accident within 10 days of notification. This could require attorney involvement.
 

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