Georgia Workers Compensation blog

Jodi Ginsberg's Georgia Workers' Compensation Blog

Employer Does Not Want Me to File My Injury Claim Under Workers' Comp. Is This a Good Idea?

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I would like some info. I was injured on the job last week. Actually I broke my foot while working in the woods. My employer said to present him a bill and he will pay instead of filing workers comp. Who is that benefiting he or I? I have since worked everyday just limping along. It hurts alot, but I have a family and cannot miss a paycheck. If he doesnt pay the bills what should I do, or should I do something now? Please advice.
–Edgar

Jodi Ginsberg responds: Edgar, the purpose of workers compensation is to allow an injured worker to get the proper care and income benefits when he cannot work at all or at his normal job. However, workers’ comp is not a choice that your employer gets to make – if you are injured on the job, you have the absolute right to file a claim. Your employer is trying to get you to avoid the system so he does not have to put a claim in to his wc carrier.

In my opinion, that approach is not good for you. You need proper medical care; weekly benefits and the time to heal from the injury. You should not play games with your health.

In addition, if you try to submit medical bills from an on-the-job injury to your health insurance company, they will probably reject the claim as workers’ compensation is considered the primary insurer in an on-the-job injury claim.

Finally, in a worst case scenario, if you do not file your claim and a year goes by, you may lose the right to file for workers’ comp. because of the statute of limitations. If your employer should then decide to stop paying for your medical care, you could be out of luck.

I realize that sometimes injured workers do not like to “rock the boat” and therefore may not to press the issue with their employers. Unfortunately, however, it has been my experience that employees who try to “help” their employer usually end up with the raw end of the deal. At the very least, therefore, please call me at 770-351-0801 so we can discuss what is in your best interest.

[tags] workers comp vs. health insurance, not filing on-the-job injury claim under workers compensation, workers compensation and statute of limitation [/tags]

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Jodi Ginsberg

Attorney at Ginsberg Law Offices
Attorney Jodi Ginsberg represents employees who are injured on the job and who need medical care and missed wage benefits available under Georgia's workers' compensation laws.