free legal advice?/ on tthe job injury hosp bill [resolved] (1 Viewer)

Jackavelli

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my daughter worked at a company couple of months ago. she had minor injury on job and i took her to emergency room. at emergency room the hosp explained that daughter's company has to pay the bill legally. when the bill came to me, it was unpaid by company. I called hosp and asked what's going on, cause it has my daughter's company as primary person to pay bill.

hosp says oh we never called her company for payment, we will call now.

few days later my daughter says, her company said they are not paying. I tell her they can say that but they have a legal obligation so just don't worry about it.

so today I get same bill, still unpaid. I call hosp, ok what now? hosp says we talked to company last month and they agreed to pay, but we have been sending certified letters and they are ignoring us.

I say ok fine, but if all three parties involved know that legally my daughters company has to pay bill, why are you sending it to me. hosp says because your daughter is a minor so we have to send bill to you.

so let me clarify, are you saying that by law my daughter's company has to pay this bill but as long as they simply ignore you that nothing will happen to them and I will have to pay bill? hosp says sorry, yes that is correct.

I ask, well what is next step in process to get daughter's company to pay bill? They say you can contact them. I say ok, your company has talked to them on phone and sent them several certified letters and I just told you that they told my daughter that they wasn't paying it.... but next legal step is for me to contact them???

also, my daughter no longer works there.

++++++++++++++++

ok, hopefully that wasnt too confusing. obviously I'm not going to pay a bill that everyone agrees is not mine legally to pay. At the same time if I wait for the process to play out, it looks like the bill will be send to my credit report while the people legally obligated to pay it will not be bothered in anyway.

1. Is this legal for the hosp to bill me when they have stated on 3 different occasions that legally this is my daughter's company bill? Even on the bill, it says Primary (daughter's company).

2. Shouldn't the hosp be doing somekind of legal thing against my daughter's company instead of just saying oh well they ignoring us, let's forget about them paying it?

2. Any advice?
 

Bayouman007

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its the system we voted for! nah just playing that is so screwed up. There is no way you should have anything to do with this hospital bill if your daughter hurt herself at work. I'd call the company and tell them you are going to file for workman's comp. They hate that, but your daughter is out of work and had to go to the hospital for a work related injury.
 

gwballin

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I'm no lawyer but I would imagine it is not the Hospital's place to determine who is legal liability for the bill, that is for the courts to decide.

Your minor daughter received services and they are interested in collecting. Seeing as she is your minor daughter that makes you fair game.

If it were me, I'd pay the bill and then sue the company for reimbursement.
 

sbadeaux

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Wow

What type of company is it. Is it a large corporation. A medium-size company, or a small mom-and-pop?
 

sbadeaux

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Here it is.

All companies are required by law post it workers compensation notice poster in a visible area in then work environment. This poster will have contact information, who to call in the event of an injury, and who the injury must be reported to. This poster also will have the carrier of the Worker's Compensation insurance including phone numbers. In most cases the employee must report to their direct supervisor that it injury has occurred on the job. It is the supervisor's responsibility to inform the insurance carrier that an injury has occurred and a Worker's Compensation claim will be open for that coworker. Once the claim is open the insurance carrier will take care of all medical bills associated with that open claim. If your daughter did not report the injury to her supervisor then you would be responsible for the bill. If your daughter did report the incident to her supervisor then the company will be responsible for the bill. If your daughter did report the injury then you need to try to get contact information for a corporate office, employee relations department, or the Workmen's Comp. carrier if the direct employees that you spoken to have not been helpful. If it's a smaller company Or a mom-and-pop it may be more difficult to get assistance. But if this a decent size company you should be able to get some contact information on the Internet or other sources that will allow you to call speak to someone that would be responsible for assisting you with this claim.
 

Saint_Ward

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Did she provide notice to the company of the injury? i.e. was there an injury report? Did someone from the company take her to the hospital, or did you pick her up and take her? Was this hours after work or did she leave during her shift? I'm not sure how the law works, but depending on how all that went, you may be stuck with the bill. Do you have your own insurance that she's covered by?


The company should have their own insurance for this kind of a thing, right? All of that should have been provided earlier, if everything was done properly.

FAQ - Workers' Compensation - Injured Workers & Disputed Claims - Louisiana Workforce Commission Look into this.

Basically, I think you need to call an attorney and tell them the whole story and see what they think. Should be a free call.
 

kfaulk99

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Not sure, based on what I've read, if a claim has been filed, but your daughter has a "grace" period from the time of injury to file a claim for workers compensation. I believe its within one year from the injury, but I may be wrong about that. Good luck.
 

wizard1183

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Not sure, based on what I've read, if a claim has been filed, but your daughter has a "grace" period from the time of injury to file a claim for workers compensation. I believe its within one year from the injury, but I may be wrong about that. Good luck.
Correct. 1yr. After that, on your own.and that goes for suing as well.
 
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Jackavelli

Jackavelli

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All companies are required by law post it workers compensation notice poster in a visible area in then work environment. This poster will have contact information, who to call in the event of an injury, and who the injury must be reported to. This poster also will have the carrier of the Worker's Compensation insurance including phone numbers. In most cases the employee must report to their direct supervisor that it injury has occurred on the job. It is the supervisor's responsibility to inform the insurance carrier that an injury has occurred and a Worker's Compensation claim will be open for that coworker. Once the claim is open the insurance carrier will take care of all medical bills associated with that open claim. If your daughter did not report the injury to her supervisor then you would be responsible for the bill. If your daughter did report the incident to her supervisor then the company will be responsible for the bill. If your daughter did report the injury then you need to try to get contact information for a corporate office, employee relations department, or the Workmen's Comp. carrier if the direct employees that you spoken to have not been helpful. If it's a smaller company Or a mom-and-pop it may be more difficult to get assistance. But if this a decent size company you should be able to get some contact information on the Internet or other sources that will allow you to call speak to someone that would be responsible for assisting you with this claim.
Thank you.
 
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Jackavelli

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Correct. 1yr. After that, on your own.and that goes for suing as well.
This happened in dec, daughter reported to company during work right when accident hsppened. Last month, company told hosp that they were aware that they were responsible for bill (hosp has that info in their CPU files). I don't want to sue, I just want company to pay the bill like they are legally responsible for. I was just told that the owner just got elected a state rep or something. So im thinking the manager is not notifying them, cause it makes no sense not to pay and have to deal with what could happen legally. I have contacted a worker comp rep, waiting to hear back .
 

bozoka45

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What state/country was she injured in? Without that, it's impossible to offer anything but general legal advice. I recommend you call an attorney ASAP.
 

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