Which workers' comp insurance should pay the current medical bills?

by S
(Mt. Wolf, PA)

My husband had a work related injury back in 2007. He cut his hand on a piece of sheet metal, and had to have the tendon in his hand sewn back together. Now he is having pain in his hand. He went back to the same doctor that originally treated him, who says he now has tendonitis. My husband is a plumber so he uses his hands hard.

The doctor is billing back to the original workers' comp claim, but they are denying the claim. The are try to say that his new workers' comp insurance should cover this. He needs therapy and prescription medications, but has no one to cover the bills. What can we do? Is the first workers' comp responsible for this? Thank you.

Visitor Question:
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ANSWER for "Which workers' comp insurance should pay the current medical bills?":

S (Mt. Wolf, PA):

From the facts you present the following may have occurred:

A. Your husband changed jobs and along with his new employment came a new workers' compensation insurance company; or

B. Your husband's employer may have simply changed workers' comp insurance companies; or

C. It may be that the company your husband worked for was sold to another company and that company changed workers' comp insurance companies.

Your husband's injury should be covered by his employer's workers' comp insurance. That should be the case whether the insurance is with a new company or not. The entity ultimately responsible for the medical treatment your husband requires is the employer for whom he was working at the time of his injury.

Have your husband contact that employer and demand the employer cover your his medical bills. It should be up to the employer, and not your husband to make sure his injuries, and resulting treatment are covered.

If the employer refuses, your husband may have a claim of action against the employer for wrongful denial of workers' comp benefits. If so, your husband may be entitled to be compensation for medical and therapy bills, out-of-pocket expenses, ALL his lost wages, and for his emotional distress and mental anguish.

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

Best of luck,

Judge Calisi

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