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  1. #1
    Join Date
    May 2020
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    3

    Default I Was Told Not to File a Workers Comp Claim by My Employer

    I was told not to file for workers by my employer. He told me that he would pay for everything. It ending up being more than he thought. I was reimbursed for one doctor visit and medication but the emergency room visits and surgery was not paid. Now I got creditors calling me. What can I do about it. I didnít report the accident until about 36 hours later.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,154

    Default Re: I Was Told Not to File a Workers Comp Claim by My Employer

    Quote Quoting JDBack63 View Post
    I was told not to file for workers by my employer. He told me that he would pay for everything. It ending up being more than he thought. I was reimbursed for one doctor visit and medication but the emergency room visits and surgery was not paid. Now I got creditors calling me. What can I do about it. I didn’t report the accident until about 36 hours later.
    All you can do now is lawyer up and pray.
    This is exactly what happens when you don't abide by the law - you've damaged your claim in more ways than one.
    I removed your other post, you can't splash the forum with the same question.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    May 2020
    Posts
    3

    Default Re: I Was Told Not to File a Workers Comp Claim by My Employer

    When I was hired I was never told that an accident was to be reported within 24 hours.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,154

    Default Re: I Was Told Not to File a Workers Comp Claim by My Employer

    Quote Quoting JDBack63 View Post
    When I was hired I was never told that an accident was to be reported within 24 hours.
    I think that's obvious, you shouldn't have to be told - can you report a car accident at your convenience?
    Why wouldn't someone report an accident at the time it happened?

    One reason for timely reporting is to afford the employer the right to test for drugs or booze.
    Another reason is to protect the integrity of your claim and obtain immediate medical treatment - why would someone wait days to seek treatment for a serious injury?
    If they allowed people to report an accident at their convenience, people could show up at work under the influence and have nothing to worry about.

    The bottom line is you where a willing partner in scheme that ended in a disaster.
    Again, lawyer up and see if he can salvage something from this mess.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Mar 2009
    Location
    Dallas, TX
    Posts
    92

    Default Re: I Was Told Not to File a Workers Comp Claim by My Employer

    The outcome here will be dependent upon whether or not your employer has real workers' comp insurance or not. In Texas, employers are not required to have workers' comp insurance. Some have zero insurance. Some have real workers' comp insurance that is regulated by the state. Others might have a policy for work injuries that is not a real workers' comp policy. The ones that are not real will often have a 24 hour clause so that they can deny claims. If it is a policy regulated by the state, then you should be fine. Just need to file the claim.
    Matt Lewis
    www.mlflegal.com
    972-644-1111

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