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  1. #1
    Join Date
    Apr 2008
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    2

    Default Hurt At Work Years Ago, They Never Filed A Claim - Is This Illegal?

    I was hurt at work in Sept of 2004 and had to get stitches. My manager drove me to hospital so I assumed everything was being done to ensure that workman's comp insurance is being provided, etc. A few weeks later I received a call from the hospital about the bill. I told the general manager that I had been contacted by the hospital and he said not to answer calls from them and not to worry about it. I was only 19 at the time so I just assumed it was being taken care of, like he said. Now I see that the account has gone to collections and is being reported on my credit report with a balance of $983 due.
    I went to the Industrial Commision of Arizona's website and looked at the Employer Report of Injury and it said to fill it out and send it within 10 days. Obviously, they did not do that, as it is 4 years later and still not sent in. Is it stated in the law that employers MUST file injure reports with the industial reports within 10 days. I'm in the process of writing them a letter demanding a money order be made out to the hospital, addressed to me, so I can work on getting this off my credit report. However, I would like to cite to them that they were in violation, and possibly hint that I am persuing legal options, so that they don't ignore me. Any suggestions?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: Hurt At Work Years Ago, They Never Filed A Claim. Is This Illegal?

    Send letter to hospital that it's a work injury. File with the commission directly. They may not have insurance and it should be reported.

  3. #3
    Join Date
    Apr 2008
    Posts
    2

    Default Re: Hurt At Work Years Ago, They Never Filed A Claim. Is This Illegal?

    I know they have insurance because when I called the Arizona Industrial Board, they gave me the number of their insurance provider at the time so I could call them and see if a claim was filed. It was not. This is letter I'm about to send my former employer. What do you think?

    To Whom It May Concern:

    I am writing this letter after numerous attempts to speak with [HR Lady] over the phone regarding my situation. I spoke with her once and have left several messages in the month of March. However, she has yet to return any of my calls.

    I was employed at the Tempe location of [Restaurant] from approximately August of 2004 to September of 2005. I began as a Deli Cashier, under general management of [General Manager], and was promoted to server before I had to leave due to school demands. I enjoyed my time there and genuinely liked and respected all of my co-workers and managers. It’s upsetting that such a good experience has ended so sourly as I currently have a medical collections account on my credit report in the amount of $983 for an work injury that should have been covered by Workman’s Comp insurance at the time of the injury. However, due to an oversight on your part, this claim was never filed and I am now suffering the repercussions.

    In September of 2004 I cut my finger on the meat slicer while slicing bagel chips. [Manager] was the manager on duty at the time. The cut was so deep that it caused permanent nerve damage to my finger and I had to get stitches immediately. This happened very close to closing time and, after we closed the restaurant, [Manager] drove me to the hospital. From what I remember, he had the Worker’s Comp insurance information in-hand when I received my services. A few weeks later, I received a call from the hospital regarding the bill. When I mentioned to [General Manager] that I was being contacted he told me that it is illegal for them to contact me and that I should not worry about it. I assumed this meant it was being taken care of. I thought that maybe there was an insurance delay, but that ultimately the phone calls would end. They did end. However, upon recent review of my credit report, I see that the hospital has since sent the debt to a Collections Agency and it is still reporting a balance, which is a very damaging to my credit.

    This debt and its subsequent reporting to the Credit Bureaus could undoubtedly affect my life in a very negative way. I could risk being denied a mortgage or a car loan, and I would not be able to take advantage of the low interest rates being offered to those with prime credit rating. I hope you understand how important these things are to me.

    In order to rectify the situation, I am requesting that you send me a money order for $983 made payable to [Hospital] with the back endorsed with the statement “For Deposit Only in The Account of [Hospital]”. I will see to it that the bill is properly paid because I need documentation in order to clear my credit. I cannot stress enough that it is imperative that I deliver this money order to the hospital with documentation, as this is only way for me to remove this damaging information from my credit report.

    I expect a response within 30 days. If I do not receive a response within this time I will have no choice but to file complaints with the Industrial Board of Arizona, the BBB, and the Arizona Attorney General’s Office. It should be noted that your refusal to file a worker’s compensation claim with both the Industrial Board of Arizona and your insurance carrier within 10 days of the incident is a violation of Arizona State Legislature Section 23-1061.

    I look forward to hearing from you and resolving this.

    Sincerely,



    Gigi9585

  4. #4
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: Hurt At Work Years Ago, They Never Filed A Claim. Is This Illegal?

    Yup good letter.
    Expect them to ignore it.
    Send a copy with the bill to the carrier.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Hurt At Work Years Ago, They Never Filed A Claim. Is This Illegal?

    I agree that you have composed a very nice letter, and with .SH that you should not expect a response.

    One, it is way too 'wordy'...you don't need to refresh their memory about how you enjoyed your job there, or how the injury has been handled.

    Get a copy of the First Report of Injury, fill it out, write a short letter making your demands that the bill be paid.
    As you have the name of the IC, send a copy of the injury report, and your letter to the ER, the IC and the AZ Industrial Commission.

    It's unclear how this will be handled at this point as this is most likely out side the statute of limitations. Although YOUR duty has been accomplished as you DID report the injury when it occurred. Right now, it is upon the ER to answer WHY this wan't handled appropriately.

    Sadly, your former ER has no interest in how you feel about your seperation with the company, or how this might affect your credit rating in the future.
    When you write a business letter try to keep it to the points you wish to convey... after the second paragraph you have lost the attention/interest of the reader. And NEVER let a letter go onto a second page....

    You should also dispute the entry on your credit reports...you have to notify the 3 credit bureaus. While it is investigated the 'black mark' on your credit won't be reported to anyone.
    Also notify the hospital (again) that this was/is a WC injury and they should be billing the ER/IC for the charges.

    Don't look for a money order made out to you...from anyone.

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