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  1. #1
    Join Date
    Dec 2013
    Posts
    1

    Default Can an Injured Worker Use Their Own Doctor Instead of Worker's Comp

    My question involves workers compensation law for the state of: FL

    I was injured on the job and I think I made a grave mistake by claiming workers comp. By the grace of god on my follow up visit to the Dr. he verbally said to me that I was to remain on the same light duty restrictions as before, but the paper work that was sent to my employer said that I could return to work with full duties. I am by far well enough and my injury has actually worsened.......This may sound silly, but I am really uncomfortable with this Dr. I have very good Medical insurance with all kinds of extras to get me through this financially. If I go with workers comp. the benefits I pay for will not be available to me. I want to just move along as if nothing is wrong and in a couple of months go to my Dr.(which I have already spoken to about this)and say something happened at home. That way I have the say as to which ortho to see and so forth. Im sure y'all get the picture. My main concern is insurance company going know about the workers comp Bs from before? We are also getting new insurance starting 2014.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,024

    Default Re: Don't Want to Use Workerscomp

    You were injured on the job.

    You have no choice in the matter.

    Your medical insurance likely excludes medical benefits for work related injuries. And, yes, it will find out.

    If you disagree with the Dr's findings I suggest you consult a WC attorney.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,663

    Default Re: Don't Want to Use Workerscomp

    This is the first case I have heard of switching the scenario around...

    Not only will your medical insurance find out about the WC injury, your med coverage will not pay any of the medical bills and once you close the WC claim, they won't pay ether, leaving YOU to pay out of pocket.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,443

    Default Re: Don't Want to Use Workerscomp

    Whether to use or not use workers compensation is not a choice. And if it ever had been a choice, which it was not unless you're into committing fraud for a hobby, it would not be a choice any longer.

    Yes, I said fraud. It would be fraudulent to submit a claim for an injury at work under your regular medical insurance, since I guarantee you that (1) your regular medical insurance expressly excludes work related claims and (2) in submitting the claim you would have to acknowledge that it was NOT work related before they would pay.

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