Legal Question in Workers Comp in California
Internship Occupational Injury
Two and a half years ago, I sustained a needle stick as an intern. My school sent me to have blood tests, stating they would pay. They did pay for the first two, but have failed to pay the $65.00 lab fee for the third test, and this has been in collections with the lab company under my name and SSN for two years. I recently called and reminded them, and then received a call from the school stating they have paid it. However, three weeks later, I received a letter from the lab company stating they have escalated my collections status. I know this is destroying my credit. A delinquency for two years is pretty significant. I feel that after this much damage to my financial reputation I should be entitled to more than just having the bill paid. Close friends and family have advised me to seek legal action on this. Should I pursue this on a legal avenue?
1 Answer from Attorneys
Re: Internship Occupational Injury
Your first concern should be to try to reduce any negative effect on your credit standing. Call up a supervisor at your former employer and demand that the bill be paid that day with a letter stating that the company and not you was responsible for the charge and nothing negative should go on your credit rating. Then write the Lab and point out that they knew it was work related and that your employer was therefore responsible for the payment so they acted improprely in turning it over to a collection agency to go after you and have opened themselves up to a suit for negligently damaging your credit worthiness, so what are they going to do to try to minimize the damage to you. They contact the three credit reporting companies and try to get through to a supervisor to help correct your credit rating. Find out what effect it has had. Then have an initial consulation with several attorneys to see if any believes you have a case of liability and where you can collect enough to justify hiring an attorney, the costs of litigation, the stree on you, etc.