Can my employer make me put a work injury on group insurance?
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Can my employer make me put a work injury on group insurance?
I was hurt at work a year ago. The company paid me disability for the next 4 months. They denied my claim the following month. We are arguing to get my surgery and all back disability pay and keep disability pay current. We had our first hearing 5 months ago. The case was continued to next week. After the hearing, the company wanted me to put my surgery on group insurance and they would pay all deductibles. Why not just pay workman’s comp claim? Is what they requested legal? My doctor wanted me to look into it because he feels it’s illegal for them to request that.
Asked on June 4, 2012 under Employment Labor Law, Illinois
Answers:
Archibald J Thomas / Law Offices of Archibald J. Thomas, III, P.A. - Employee Rights Lawyers
Answered 11 years ago | Contributor
If you were hurt at work, your worker's comp insurance carrier is going to be primary. Also, if you request coverage under the group plan, there is a possibility that you will have to falsify a claim form because the form may ask whether the injury occurred at work. This could amount to insurance fraud if you do not provide accurate answers on the claim forms. In Florida, the law protects against retaliation by an employer for filing a workers comp claim. However, based on your description of the events your situation is not entirely clear in terms of whether a notice of work injury or workers comp claim was ever filed and therefore it is probably a good idea to obtain legal advice before you take any further action.
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