Do I have a claim against my previous employer who has not paid medical bills for a workers compensation claim?

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Do I have a claim against my previous employer who has not paid medical bills for a workers compensation claim?

I was injured at my previous job and received treatment under workers compensation. Evidently, the manager of the store failed to file the claim with the company’s insurer. Since, the owner has sold the restaurant and has filed bankruptcy. I have been receiving calls from a debt collector and the owner has advised me to settle the claim for half the cost that he will pay me. I am not sure what would be the best step.

Asked on April 19, 2011 under Employment Labor Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would not agree to anything with your employer unless and until you consult with an attorney in your area.  The insurance carrier apparently sis not receive any notice of the worker's compensation claim.  That does not mean, however, that insurance coverage may not be available to you as the injured party.  However that will be a big fight between all parties and result in protracted litigation which no one can afford, believe me. The reason that you need to consult with an attorney in this matter is because the employer is going behind the back of the law, so to speak, to resolve this legal matter.  And you are the one fronting it. So your rights need to be protected and IN WRITING.  Good luck to you.


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