QUESTION
Can I sue my workmens compensation insurance company if they stop paying my bills?
Asked on Aug 08th, 2012 on Personal Injury - Florida
More details to this question:
I'm having a huge problem with my workmen's compensation that I settled with them with open medical. I've had 10 surgeries on my left arm, ending up with a fusion of my left wrist and permanent nerve damage. My pain doctor and my orthopedic, just set me up with a neurosurgeon. My comp. Insurance stopped paying all my bills, every single one of them. I have a new adjuster. He will not return my lawyer's or my calls. My attorney has been trying to get a hold of their attorney, and their attorney will not return my lawyers calls either. It's important that they call us, because now the cut me off all my pain meds. I'm on perecet & morphine pills. I went to pick up my meds two days go, and they told me my comp denied all medicines. I am going through major withdrawals. Can we go after the commission for this?
13 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 29th, 2013 at 12:27 AM
Answer: Work with your attorney who settled the case.
Answered on Aug 14th, 2012 at 5:49 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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You have a lawyer you must speak to him. I cannot suggest anything when you are already represented by an attorney.
Answered on Aug 14th, 2012 at 5:48 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No, you need to file either a hardship motion with W/C or a contempt petition in circuit court after filing your Stipulation for Compromise Settlement in circuit court.
Answered on Aug 14th, 2012 at 5:48 PM
Dennis P. Mikko
Your attorney should be able to re-open your case and seek an order requiring the insurance company to comply with the prior agreement. If you succeed, they may also have to pay your attorney fees.
Answered on Aug 14th, 2012 at 5:48 PM
Slander and Defamation Attorney serving Tucker, GA
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Law Offices of David W. Hibbert
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From the facts you list , it appears that you should get a hearing on the "open" medical that is unpaid.
Answered on Aug 14th, 2012 at 5:47 PM
Charles Robert Cleveland Jr.
The answer to your question is no, you cannot sue the workers compensation carrier however you do have several remedies. If your case has been stipulated with an award, your open medical for life should be provided for. If your treating doctors are prescribing medication and treatments that are part of your stipulated open future medical care, insurance company should be authorizing it. Many insurance companies are using utilization review departments to routinely deny care. If your case has an agreed medical examiner or a state panel qualified medical examiner, then there should be no utilization review process in the determination of your medical care. If your stipulation is based on the treating doctors, the insurance company should be following your treating doctors recommendations however this may be subject to utilization review obstacles. If your insurance company continues to deny you care, your attorney can file for an expedited hearing on the issue of medical care. If the denials are unreasonable, you can file for penalties under labor code section 5814. If the insurance companies conduct is egregious, you might be able to request bad faith sanctions under labor code section 5813.
Answered on Aug 14th, 2012 at 5:47 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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If you already have a lawyer you should talk to him or her about your options in getting the workers' compensation insurance company to pay your bills. Your attorney is in a better position to know what to do than me, when I only have limited information and do not know exactly what has occurred in your case.
Answered on Aug 14th, 2012 at 5:45 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can't sue them, you can take an appeal to the Worker's Compensation Board.
Answered on Aug 14th, 2012 at 5:45 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Call your lawyer and demand he file for a hearing.
Answered on Aug 14th, 2012 at 5:45 PM
Ronald A. Steinberg
If your settlement (redemption) leaves the medical bills open, then you certainly can sue. Get a copy of the redemption order and make sure that you left the medicals open. It is not common for an insurance company to do that; usually, a redemption is a full, final and complete release of all further liability. If the order states the medicals are to remain open, then go back to your previous attorney and let him/her earn another fee suing the company.
Answered on Aug 14th, 2012 at 5:45 PM
You should speak with the attorney who already represents you to get the answer to this question.
Answered on Aug 14th, 2012 at 5:44 PM