Whatt o do if my company’s insurer let me know that the WC claim I filed over a month ago should be a liability claim?

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Whatt o do if my company’s insurer let me know that the WC claim I filed over a month ago should be a liability claim?

What will happen now? The claim is still in deferred status and the adjuster said that they will still send me a check for missed work. However, I will be filing a liability claim with my employer’s insurance and they will be denying the WC claim. What will happen now? Will my medical providers continue to bill them the same so that they are not asking for money from me now? Will I get checks for missed work like a WC claim? Do you think liability is the better way to go?

Asked on October 1, 2012 under Personal Injury, Oregon

Answers:

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

Answered 8 years ago | Contributor

More details are needed here but I really think that you did the right thing initially.  You can not sue your employer and even if you do have a personal injury suit against a third party that is viable you can still collect workers compensation benefits. Please speak with your attorney on the matter as soon as you can.  Good luck.


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