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Workmans comp/collections


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My wife was injured at the job and received medical treatment a couple of years ago.

Recently she got a call from a collection agency about something not being paid. We have since noticed it is on her credit report. She called her employer and they said to send a letter to the collection agency showing that a company was going to handle it (from 09). He also said they can contact him directly if need be. From my understanding the company she works for will be covering this 100%.

This shouldnt have went to collections as the employer typically pays these things. The employer stated that sometimes the doc's don't bill these things properly which results in these things going to collection. He made it sound like it happens all the time.

What is the best course of action here. Should it be a DV letter?

I was thinking writing a letter explaining that it will be covered by 'x' as it was incorrectly billed and to remove it from the credit report. Then disputing the entry on the report with the bureaus. Good start?

I've been searching these forums so forgive me if overlooked. 8]

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My wife was injured at the job and received medical treatment a couple of years ago.

Recently she got a call from a collection agency about something not being paid. We have since noticed it is on her credit report. She called her employer and they said to send a letter to the collection agency showing that a company was going to handle it (from 09). He also said they can contact him directly if need be. From my understanding the company she works for will be covering this 100%.

This shouldnt have went to collections as the employer typically pays these things. The employer stated that sometimes the doc's don't bill these things properly which results in these things going to collection. He made it sound like it happens all the time.

What is the best course of action here. Should it be a DV letter?

I was thinking writing a letter explaining that it will be covered by 'x' as it was incorrectly billed and to remove it from the credit report. Then disputing the entry on the report with the bureaus. Good start?

I've been searching these forums so forgive me if overlooked. 8]

If it was a claim to be paid by workman's comp, then write a letter to the collection agency demanding to know how they arrived at the amount so stated. Further advise them that this matter was the legal responsibility of your employer and to contact them if they have any questions.

NOW YOU SHOULD DEMAND A FULL EXPLANATION FROM YOUR EMPLOYER AS TO WHY IT WASN'T PAID BY THEM IN THE FIRST PLACE. PUT THE HEAT ON YOUR EMPLOYER...IT'S UP TO THEM TO HANDLE THIS MATTER ! DEMAND THEY SEND A LETTER TO THE COLLECTION AGENCY AND THE DOCTOR WHO HANDLED YOUR CLAIM WITH A FULL EXPLANATION.

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In most states the worker gives up the legal right to sue once a Workers Comp claim is put in. I would take the position that since this is a Workers Comp claim, the worker is not legally responsible for it and that if the CA knows it is a Workers Comp claim they have violated FDCPA in representing that the worker is responsible for the bill.

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Guest usctrojanalum

The worker is always responsible for the bill, the medical provider rendered services to the worker not the workmans compensation board so the worker is ultimately responsible for making sure the payment is made, from whatever source. Just because the worker may have a third party who is going to indemnify them does not mean they are not responsible for the bill. There are also 1000's of reasons why workmans compensation would refuse to pay the bill that none of us would even know about.

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The worker is always responsible for the bill, the medical provider rendered services to the worker not the workmans compensation board so the worker is ultimately responsible for making sure the payment is made, from whatever source. Just because the worker may have a third party who is going to indemnify them does not mean they are not responsible for the bill. There are also 1000's of reasons why workmans compensation would refuse to pay the bill that none of us would even know about.

I disagree somewhat.

Example:

I sustained an injury at my work place a few years ago...went to the emergency room, advised them that this was a workers comp claim..the nurse called my supervisor and he confirmed. Yet I received a bill for the services. I then raised hell with my employer until they paid the claim, advising them that I would file a complaint with the FEDERAL AND STATE DEPARTMENT OF LABOR and or the STATE ATTORNEY GENERAL if in fact they did not pay the claim (within 72 hours) WHICH WAS AUTHORIZED BY MY SUPERVISOR at the time medical service was provided

Not sure about other areas, but it is always the policy of the medical provider to confirm a workers comp claim at the time service is rendered.

The claim was paid...no further bills sent to me. Sometimes we have to take an aggressive attitude. It seems like employers and workers comp insurance companies will sometimes do everything to keep from paying justified claims.

It is the responsibility of the employer and WORKERS COMP INSURANCE PROVIDER to explain their reasons for not paying a legitimate claim.

Edited by Prosay
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Guest usctrojanalum

You didn't disagree with me at all, your experience went exactly with what I'm saying. You were responsible for payment of the bill then you got on your employer to pay it for you.

Also, the actual "employer" does not pay the bill unless they don't have WC insurance. If they did have WC insurance then the workmans compensation board would review the claim to see if it should be paid.

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You didn't disagree with me at all, your experience went exactly with what I'm saying. You were responsible for payment of the bill then you got on your employer to pay it for you.

Also, the actual "employer" does not pay the bill unless they don't have WC insurance. If they did have WC insurance then the workmans compensation board would review the claim to see if it should be paid.

Correct...let me rephrase my earlier post a bit..it is the injured party's responsibility to ensure the bill is paid and by the appropriate responsible party.

You can always dispute any bill of this nature, noting that it is to be paid by the employer/workers comp insurance. By disputing, the CA/ bill collector is prevented from further collection on the account until such dispute is resolved...make that very clear in any communication you might have in this regard. And if the claim warrants, you can retain a workers comp attorney, who will sometimes take your case on a contingency basis ( no cost to you until the suit is won)

Edited by Prosay
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Its too bad she never received anything in the mail about this. There was no initial letter when it had gone to collections. It just so happened that she got a call about it.

We would have obviously disputed it straight away. The company in this case will be covering the bill.

So the way i am looking at it... we could have avoided this going on her report had we known about it in a timely fashion.

So my plan is to send a copy of the letter from the company stating they were to take care of this to the CA. I will also include a letter of my own stating that they were covering this and it should have been taken care of.

In her years there injury has happened before and usually they are real good at taking care of this. Typically we see no bill and likewise nothing goes to collections because everything goes through the proper channels.

So it seems that this should be a simple enough fix. Provide the letter to the CA with an explanation as to what happened and ask them to remove the entry. At the same time dispute the entry on the credit report with the particular bureau. Correct?

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