Visitor Question

Claims Manager calling my Supervisor?

Submitted By: Joy (Memphis, TN)

I had an On the Job Injury, due to the negligence of a Contracted Security Company. I sent the Company a Demand Letter and the Company’s Claims Manager called my Supervisor and told her to tell me to call him. He also gave my Supervisor my Claims Number.

Is this not violating my privacy? This is between me and the Security Company’s Claims Department. Is there any action I can take against this Claims Manager?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Joy,

It’s not a violation of your privacy but rather an attempt to follow the appropriate channels first.

Since the claim occurred on the job, you should really be submitting a claim to your employer first to handle this through workers compensation.

Your state is compulsory meaning that it requires or compels employers to carry workers compensation insurance.

While this may also be a personal injury claim against the contractor, you need to first pursue the state authorized remedy. Once you have done so, this will determine your rights against the third party. For example, through the workers compensation policy, it may state that your employer pursues the third party for their negligence, not you.

It may also state that by settling with your employer you agree NOT to pursue a claim against any one else in the form of a waiver of liability. Therefore, they were correct initially to refer you back to your employer.

What happens next will all depend on the scope of the workers compensation policy in effect.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 26, 2010

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