Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
A good read for an Injured Worker
#1
Here is a conversation regarding private insurance covering work related injuries .

Not really state specific but very insightful. Some states private health insurers will not cover work related injuries .

Does you health insurance policy cover a work related illness or condition?

You be the judge.

https://www.workerscompensationinsurance...Job-Injury
 
Reply
#2
The link you provided is from another forum. The moderator is in a discussion with an attorney. I agree with the attorney in that discussion. He has a high rating and has litigated many workers compensation claims. I would hire an highly qualified attorney to represent me , as many should, even the moderator says that.
 
Reply
#3
(02-05-2018, 07:09 AM)goingback Wrote: The link you provided is from another forum. The moderator is in a discussion with an attorney. I agree with the attorney  in that discussion. He has a high rating and has litigated many workers compensation claims.  I would hire an highly qualified attorney to represent me , as many should, even the moderator  says that.

The Moderator is an attorney too ( appellate lawyer ) .He actually own the web sire . They are both lawyers. And yes it's another forum provided for just informational purposes
 
Reply
#4
tony is not an atty.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#5
(02-05-2018, 02:30 PM)1171 Wrote: tony is not an atty.

Really ! A who is search came back as a person who turns out to be an appellate lawyer from Michigan. You could be right and Tony in not the site owner.

Sorry my mistake.

He is incredibly knowledgeable though.

I just wanted people to see how complex this issue can get.
 
Reply
#6
1171 I don't know if you have been following these thread or not. What is your opinion on this topic and do you believe the answer may be state specific or carrier specific?

I think part of the problem may be The ACA is still fairly new and grandfathered policies could prevent pre-existing condition until 2014. Some of the websites may be out of date (not sure). What complyer wrote is similar to what I have been told by CA WC attorney's. CA does have state specific laws as well one seeking help mentioned.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
#7
(02-05-2018, 03:17 PM)California_Help Wrote: 1171 I don't know if you have been following these thread or not. What is your opinion on this topic and do you believe the answer may be state specific or carrier specific?

I think part of the problem may be The ACA is still fairly new and grandfathered policies could prevent pre-existing condition until 2014. Some of the websites may be out of date (not sure). What complyer wrote is similar to what I have been told by CA WC attorney's. CA does have state specific laws as well one seeking help mentioned.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#8
I don,t think we are discussing ACA rules.
Cost shifting from a comp settlements to health insurance has been an issue long before ACA took effect.
Certain ACA provisions are more about prohibiting the denial  of an application for health insurance because of an existing or pre-existing condition----a subtle but significant difference From providing treatment for a settled claim.
ACA is relatively new and I haven,t seen any litigation on the issue but my understanding is that ACA does not require a health insurer to provide treatment for an injury or condition for which there is otherwise existing liability e.g. An open oR settle comp claim...And it did,t change existing law on that issue.

I was hoping to get a legal citation on the long standing issue as to whether a comp settlement legally transfers treatment liability to the worker and/or does that liability also also transfer to a health insurer when there is a insurance contract for health care.

Contract law is complex. I am not an attorney either.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#9
(02-05-2018, 11:36 PM)1171 Wrote: I don,t think we are discussing ACA rules.
Cost shifting from a comp settlements to health insurance has been an issue long before ACA took effect.
Certain ACA provisions are more about prohibiting the denial  of an application for health insurance because of an existing or pre-existing condition----a subtle but significant difference From providing treatment for a settled claim.
ACA is relatively new and I haven,t seen any litigation on the issue but my understanding is that ACA does not require a health insurer to provide treatment for an injury or condition for which there is otherwise existing liability e.g. An open oR settle comp claim...And it did,t change existing law on that issue.

I was hoping to get a legal citation on the long standing issue as to whether a comp settlement legally transfers treatment liability to the worker and/or does that liability also also transfer to a health insurer when there is a insurance contract for health care.

Contract law is complex. I am not an attorney either.

Thank you for your post 1171.

I have learned something here. Your words provide me a different perspective looking at the issue. 

Unfortunately I don't think a legal citation exist at this time? 

I am just another California Injured Worker attempting to educate myself and share knowledge.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Injured Worker has not seen a PTP yet, its 8 months. Any ideas? Billy Miller 6 841 04-21-2018, 03:36 PM
Last Post: California_Help
  New York Injured Workers - Urgent - Please Read ChimarenTaylor 7 6,422 02-19-2018, 02:22 PM
Last Post: 1171
  Injured worker in NC with questions Ticard76 9 1,329 08-20-2017, 02:53 AM
Last Post: Ticard76
  Texas worker injured question Superman1978 2 903 04-21-2017, 11:43 AM
Last Post: 1171
  Settling Attorney liens CA injured worker cainjuredworker15 8 2,423 02-14-2017, 01:21 AM
Last Post: California_Help
  CA injured worker - declared P&S - now what? BB019 41 12,783 07-09-2016, 01:12 AM
Last Post: BB019
  CA Injured Worker - Overturn MMI Report? Daimhin 11 4,933 06-14-2016, 11:17 PM
Last Post: Daimhin
  Injured While on Worker comp darrinb 4 3,485 10-29-2014, 02:57 PM
Last Post: darrinb
  Injured worker TruckinShoulder 3 2,622 07-13-2013, 06:31 PM
Last Post: 1171
  AN INJURED WORKER SOON TO BE HOMELESS PLZ HELP AUTOTRAIN 1 2,378 03-25-2013, 07:20 PM
Last Post: 1171

Forum Jump:


Browsing: 2 Guest(s)