So you have followed our advice and filed a claim for benefits with the Workers’ Compensation Commission following your on-the-job injury. But your employer and its workers’ compensation insurance carrier refuse to provide a panel of physicians or to pay for medical treatment. Should you use health insurance to treat for your work injuries until the Commission makes a decision at your workers’ compensation hearing?
Yes. You should use your health insurance if workers’ compensation refuses to cover or pay for the treatment you need. But tell the health insurance carrier that the workers’ comp insurance company is denying your medical treatment. And do not settle your case without considering how much your private health insurance company paid on your behalf. They may assert a lien on settlement proceeds. Or they may retract payment if you do not consider their interests. When payment is retracted, the medical provider may sue you for payment for your medical care. This is not a good situation to be in.
An experienced workers compensation lawyer can tailor the settlement agreement to try to protect you from an aggressive private health insurance company that has paid for treatment for your workplace injuries. Your attorney can also negotiate with the private health insurer before you enter into a settlement.