Have you received medical bills associated with your California Workers Compensation Claim? Is your credit suffering? Are they sending these medical bills to a collection agency?
When you have a workers’ compensation claim you are not to be billed by the medical provider.
Labor Code section 3751(b) states in part:
“A provider of medical services shall not, with actual knowledge that a claim is pending, collect money directly from the employee for services to cure or relieve the effects of this injury which the claim form was filed unless the medical provider has received written notice that liability for the injury has been rejected by the employer and the medical provider has provided a copy of this notice to the employee. Any provider who violates this subdivision shall be liable for three times the amount unlawfully collected plus reasonable attorney fees and costs.”
Any invoices for treatment should be billed directly to the insurance carrier. Otherwise, the medical provider needs to file a lien through the Workers’ Compensation Appeals Board. The appropriate lien form is found at www.dir.ca.gov/dwc/forms.
Many medical providers are ignoring the statute and billing injured workers directly. If this is happening to you, contact a work comp attorney directly for help fighting back.
Additionally, Insurance companies are denying claims. Should a claim be denied, private insurance, MediCare, MediCal and ObamaCare can all be used to procure the medical treatment you need until your claim is accepted.
Medical treatment is one of the largest benefits in the Workers Compensation System. Should you need a Redding attorney who can guide you through the intricacies please contact Workers Compensation Law Center. We offer a FREE consultation!