Benefits for Employer and Employee
Workers’ Compensation Law makes it clear the employer is primarily responsible for payment of all compensation benefits, yet it has become the custom to refer all payments to the carrier. In time, it has become a common misconception that the employer should not, or even cannot, make payments for such items as medical treatment without somehow running afoul of law.
In truth, the employer is always allowed to make payments, as long as they are properly reported to the carrier and the Board. In fact, both employer and employee derive benefits from, such practice.
Why? The most common event triggering attorney involvement in a small claim is an outstanding, unpaid medical bill – and small claims don’t remain small for very long with attorney involvement.
An employer who alleviates the fears of an employee by making sure the first bill, usually for minor treatment, is paid on the spot by the employer will discover most claims go no further.
An unpaid medical bill may, or may not, even come to the attention of the carrier. Keystroke errors, changes in name or address of the employer can all cause a carrier to make no payment on a poorly documented bill, but assuredly such bills will be referred for collection, naming the employee as responsible.
The employee, not unreasonably, will often seek legal advice, opening up the slow and expensive process of adjudication by the Workers’ Compensation Board. Every comp attorney knows of numerous claims settled for thousands of dollars which started out, and could have remained, a single emergency room visit. (workersxzcompxzkit)
The employer should not fear such minor claims will add to the premium. What will add are minor incidents becoming far larger than they need be. An employer waiting to be reimbursed for a medical expense by a carrier is much more preferable than an employee receiving dunning letters from a collection agency.
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
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