auto accident in work car going to work

[Jparr]

Need help in best course on this issue. Recently involved in accident on way to work in work take home car. Injury to lower back showed itself several days later. I orginially filed a workers comp report to protect myself, this was the day of the accident. I was not at fault in accident. Upon day of feeling pain in lower back, I contacted my local workers comp rep (in house person, not workers comp official) and told them of injury. Gave me a list of doctors to see. I wanted to see a chiropractor so went on my own planning on using my own insurance for copays...rather than deal with hassles of workers comp I have heard about. Now have been there 4 times and at fault insurance company calling me wanting to settle. Workers comp sent me a packet in the mail to fill out a claim. What should I do at this stage? Any ideas would be appreciated. Keep in mind that I did not go to the workers comp doctor. Can't I still use my own insurance instead? i do plan on taking a settlement from the third party insurance, but what if workers comp turns me down for some reason...then can I use my own insurance for the copays. Live in virginia. thanks

[jayne]

best tell the truth in all things or it will come around and bite you in the butt...WC will pay first then take it back from 3rd party....if you dont do it correctly they can get you for fraud.....

[Jparr]

(01-01-2011 05:58 PM)jayne Wrote:  best tell the truth in all things or it will come around and bite you in the butt...WC will pay first then take it back from 3rd party....if you dont do it correctly they can get you for fraud.....

Understood. Just trying to find out if me not going the wc dr. Will cause them to not handle the claim. And if so what do i do then? The way I understand it is not possible to use my insurance due to it being work related. If workers comp turns it down for some reason all i have left is to collect from the third party and pay the bills that way? Thanks

[jayne]

when you went to the Dr you should have told him then it was in a work auto he would have then put it in the record...you then get ahold of your HR person and they file it for you.....you will also have a 3rd party claim of which WC will be paid back first.... you get the remainder if any.....best if you feel the need you find a lawyer that can handle both......

[AQA]

I would be persueing a WC claim at this point. If WC denies the claim then your personal insurance should take over. I would also be on the phone to my personal insurance and let them know that " I did not know that I was suppose to file a WC claim".

[Jparr]

Okay. Will do. I have filed an initial wc report that first day, just not submtted the followup claim on the injury. I don't think my chiropractor has filed the claim with my insurance yet, I think he was waiting for the treatment to be done. I will check with him to make sure he hasn't and that he files it only with workers comp. Thanks again.