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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
Is it really illegal for an employer not to report a workplace accident ? I would imagine that my health insurance company thinks they shouldn’t pay for any medical costs related to a work related injury ?
 

Zigner

Senior Member, Non-Attorney
Is it really illegal for an employer not to report a workplace accident ?
It depends. In your case, yes, but not in every case.

I would imagine that my health insurance company thinks they shouldn’t pay for any medical costs related to a work related injury ?
I would imagine that they'd pay for it, but then expect reimbursement.
 

Cydog

Member
detrimental reliance - I looked it up and it seems like it pertains to my situation. I have 3 separate texts and emails telling me that he would pay the $1,900.
 

quincy

Senior Member
Is it really illegal for an employer not to report a workplace accident ? I would imagine that my health insurance company thinks they shouldn’t pay for any medical costs related to a work related injury ?
Yes. Your Maryland employer is required to report work-related accidents to his worker’s compensation insurer. He should have done that upon notice by you or within 10 days of notice by you that you were injured on a job site and required medical attention.

And you should have filed a claim within 60 days of the accident. However, the Workers Compensation Commission can excuse the late filing of a claim for several reasons, including if the employer or his insurer “has not been prejudiced by the failure to file a claim.” Because your failure to file a claim essentially was your employer’s fault, I would think your late claim should be accepted.

You can tell your employer that you are going ahead and filing a claim because you need your medical costs covered. That alone might make him open his wallet and pay your medical bills.

But I am not sure it is in your best health interests to wait on your employer to pay or ignore the worker’s compensation remedy. You could find that your accident has resulted in some health issues that are not apparent now.
 
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zddoodah

Active Member
Is it really illegal for an employer not to report a workplace accident ?
Illegal not to report it to whom? You haven't described what happened in sufficient detail as to allow anyone to determine whether any sort of reporting requirement exists.


I would imagine that my health insurance company thinks they shouldn’t pay for any medical costs related to a work related injury ?
I'm not sure what to make of this sentence. Despite your use of a question mark, it's not a question. It's possible that your medical insurer might be subrogated to any recovery you receive through workers' comp, but that will obviously require that you make and pursue a workers' comp claim. Have you contacted someone at your medical insurance carrier and offered to provide information about your employer's workers' comp coverage?


detrimental reliance - I looked it up and it seems like it pertains to my situation. I have 3 separate texts and emails telling me that he would pay the $1,900.
Please re-read the last paragraph in my post #29 in this thread. Those are your options. Are you willing to put your job in jeopardy by making a workers' comp claim over your employer's objection or by suing your employer under a detrimental reliance theory? I understand it's not an easy decision to make, but your options are what they are and aren't going to change.
 

quincy

Senior Member
... Are you willing to put your job in jeopardy by making a workers' comp claim over your employer's objection ...
An employee cannot (legally) be fired for exercising his employee rights, one of which is the right to file a worker’s compensation claim after a work-related accident and injury.

The Maryland employer who fires an employee solely for filing an injury claim opens himself up to both criminal charges and a civil action.

That said, an employer is not violating Maryland labor laws if he terminates the employment of an employee who was injured on the job and, because of the injury, the employee can no longer do the job for which he was hired (even with accommodations).
 

Just Blue

Senior Member
Yes, considering the circumstances, consulting with an employment or personal injury attorney could be beneficial. They can provide advice on whether you have a valid claim, and guide you on the best course of action to pursue compensation for your medical expenses and any potential damages resulting from the workplace injury.
This thread is from May 2022. Stop digging up old threads
 

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