West Virginia Workers Compensation?

by admin on August 23, 2010

I was recently injured on the job for a city police department. My chief persuaded me not to file a comp claim. Now I have insurance wanting to kick back all the cost in my name for the injury. It has been about 6 months since the injury.
I was recently injured on the job at a city police department. I broke 3 metatarsals while training. My police chief persuaded me that I should not file comp because insurance will pay for the injury. This was true until recently I received a letter stating that the claim was work related and that the insurance company beleives it is not their responsibility. It has been about 6 months since the injury. I still have pain in my foot after being on it for an extended time. Can I still make a claim? Should I have legal representation? I do not want to have my credit destroyed because of a large sum of money in my name for this injury.

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mbrcatz August 23, 2010 at 10:01 am

SERIOUSLY? What your chief did is completely illegal. Your agreeing to it, is also illegal. Cops, breaking the law? Sorry, you both need to get fired – NO ONE is "above the law", which is how you two were acting.

Yes, your health insurance won’t cover it at all.

You sure can try to file that claim, but there are going to be lots of repurcussions – because the employer is required to file a notice with the State Labor Board within 3 – 5 days of the injury, or be heavily fined. To get this covered, you’re going to need to explain to the insurance company, that you and your boss both failed to follow both the law and the procedures. I have no idea what the ramifications of that will be – yes, your bills should end up getting paid, but there WILL be consequences.

A decent answer August 23, 2010 at 10:01 am

Yes you should make the claim. Go to HR and tell them that you want to file a work comp claim. Also ask your doctor if they have been treating you if they do work comp claims. If they do then ask them to file the claim on your behalf.

The only problem I see happening is that you could be denied due to late reporting, however if your superiors do acknowledge that you got injured then you should be alright. It’s your responsibility to follow up on whether your request for a claim has been done. You can always contact the state insurance board and ask them that you want to file a work comp claim and they will help you with this.

If you paid any bills out of pocket you can request work comp to send you a reimbursement. IF work comp does take your file then they will work with your private insurance to resolve the rest of the bills.

Good luck

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