04-08-2010, 02:19 PM
I live in Florida, and I had recently dislocated my knee on the job, and will require surgery. My company has about 20 employees and I am very close with my boss (the owner). My point is that I don't want to screw him in any way. I have good insurance through the company, and to meet my deductible would be about $1,000.
My question is, am I legally obliged to claim workers comp? Or can I use my own insurance? I don't plan on suing the company.
I just want what's best for me first, then what's best for his company second.
if you don't falsify your history of injury the doctor is required to file it as workers comp.
04-08-2010, 05:29 PM
(This post was last modified: 04-08-2010, 07:13 PM by Bummer Knees.)
Your employer has legal responsibilities here.
I will chare my story:
I was injured in 2005 working in an early childhood classroom.
I used my leave time, went to the doctor and paid for the appointment thru my personal health insurance.
While I was at the doctor appintment a teacher who was in the classroom when I was injured went to HR and filed an incident report of my injury.
When I returned to work I was was called into HR and questioned.
The director of HR told me, "We as your employer have a legal responsibility to file a report when a employee is injured"
I was in tears at this meeting, I did not want to become a part of the world of work comp.
The employer filed the injury report and my journey started with the world of work comp.
I WOULD SAY THAT ID YOU WANTED TO SAVE YOUR FREIND MONEY AND HE WAS WILLING TO PAY YOU WHILE YOU RECOVER ID SAY GO THAT ROUTE MAY NOT BE LEGAL BUT IVE DONE IT BEFORE I WAS HURT WHILE WORKING ON A BOAT IN S TEXAS I WAS OFF WORK FOR ABOUT 3 WEEKS WAS GOOD FREINDS WITH THE OWNER AND THEY OFFERED TO PAY MY SALARY WHILE I WAS OUT AND ALL MY CO PAYS AND DEDUCTABLES AND THEY DID ALL THAT I GOT BACK TO 100% AND WAS TAKEN CARE OF AND MORE IMPORTANTLY MY JOB WAS STILL THERE..ITS REALLY UP TO YOU BUT AS LONG AS THERE WILLING TO TAKE CARE OF YOUR BILLS AND SALARY I DONT SEE ANY REASON NOT TOO..ALOT OF TIMES AFTER FILING A CLAIM YOU LOSE YOUR JOB SO THATS ONE THING ID KEEP IN MIND AND YOU DONT GET RICH BY FILING A WC CLAIM..I WAS MAKING NEARLY 600 A WEEK BEFORE I WAS HURT AND MY TD IS 426.37 KINDA SUCKS
My doctor turned my injury in as work related, then the insurance company sent me a questionnaire for me to fill out; whether it was work related or not. They stated that in order to continue medical treatment, I must file a workers comp claim; so I did. It is what it is!
Let Go, and Let God......
but im sayin if you were tryin to help a freind the dr dosent enen have to know its work related..chris how did your dr know it was work related im sure he wasnt guessing..i know its not the right thing to do and i for the most part do the right thing i bl in karma big time..but say you work for a freind and his company is gonna go under due to his wc premiums and one more claim could make that happen as long as there willing to pay my salary co pays deductables and keep up with my insurance i would be willing to use my own insurance
I believe that using your own insurance would fall under insurance fraud.
Why should company A have to pay for something that company B should?????
Now you know my position as to the right thing to do, but I do have another question. Who is going to pay you while you are off work recovering from surgery???
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system.
AQA you are correct, exactly what the doctor's office later told me.
Once my claim was approved by work comp they paid for the first doctor appointment when I went to the doctor on my own.
i didnt have to have surgery when i was injured but my company paid for everything else and im talking about a very unique situation not encouraging insurance fraud in everyday situations by no means...if i would have filed a claim and a long time family freind lost his company i dont know that i could have stomached talking to them again..anyway maybe it was handled in the wrong way in your guys eyes but whats done is done cant change that all parties walked away happy