Bills after work injury?

After my work injury I started getting medical bills and phone calls from debt collectors.  What can I do to protect myself and my credit?

In California the whole point of our Worker’s Compensation system is to ensure that employees get medical treatment after their work injury without having to worry about costly bills. That’s why every  employer in the state must have work injury insurance or be self insured.  Employers pay insurance premiums, employees get the benefit of no cost care if they are injured.  That’s the Work Comp bargain.

The Rosenthal Fair Collection Practices Act, forbids collection activities against injured workers.  Labor Code section 3751(b) states:

“If an employee files a claim form….a provider of medical services shall not, with actual knowledge that a claim is pending, collect money directly form the employee for services to cure or relieve the effects of the injury….., unless the medical provider has received written notice that liability for the injury has been rejected… and the medical provider has provided a copy of the notice to the employee.”

Further, even with a recent injury where an insurance carrier has not accepted or denied responsibility, Labor Code Section 5402 provides:

“The employer shall authorize… treatment, for the alleged injury and shall continue to provide treatment until the date the liability for the claim is accepted or denied…liability for treatment shall be limited to ten thousand dollars.”

Bottom line, even when liability is in question, medical providers must not try to collect money from an injured worker!  Failing to observe these collection laws can subject offenders to damages and fines.

At Borrego law we make sure that medical providers are informed and collect fees for their services from insurance companies not our clients!

Helping injured workers since 1996. Call us for a free consult.

José Borrego

Attorney

Joseborregolaw.com

(916) 446-4911