Legal Question in Workers Comp in California
Thanks for your response. Can i not respond to my medical insurance request about whether my recent visit is related to an auto accident during work? If I don't, what can happen?
4 Answers from Attorneys
They have an obligation to pay for your medical treatment as long as someone else is not [and then subrogate for the amount they paid]. If you do not tell them, they could argue [not strongly] that you are not co-operating and the will not pay the bills until you do. Why not tell them; if it was from a work related accident then the workers' comp. carrier will be paying the bills and there is no co-pay [and you get mileage for going to the health care treatment]..
If you were involved in a car accident during work, then your injuries are work-related. Assuming that the car accident was the fault of the other party, you would then have both a civil lawsuit and a workers comp claim. However, depending on several factors, it might not be worth pursuing a civil claim.
Your medical insurance carrier needs this information so that they can file a lien in your comp case. Don't worry, because Labor Code, Section 4600 says that the employer must pay for your work-related medical care, so the lien will be paid by the workers comp carrier and not you.
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