After getting hurt at work, the employer told the viewer he wants to lay him off and have his health insurance and unemployment pay for the injury. Is this legal?
Dave Kuharchik: It’s time once again for “The Law & You” featuring the area’s premier attorneys from The Virtual Law Center Greg Fellerman and Ed Ciarimboli. Good to see you guys.
Ed Ciarimboli: We’re ready to go!
Dave: Another question in, we’re talking about an on-the-job situation here and some insurance. Neil in Cresco says, “I got hurt at work and my employer said he wants to lay me off and let me collect unemployment and to use my health insurance for the injury. Is this okay?”
Ed: No, no, no. It’s not okay.
Dave: It doesn’t sound okay.
Ed: It’s a crime, actually. What your employer is trying to do right now is called insurance fraud. You have workers compensation -he has to has workers compensation insurance. That’s who the claim has to go to. Under the law of Pennsylvania, if you’re hurt at work, your workers compensation insurance company pays for both your medical and your lost benefits. What your employer’s trying to do here is circumvent the law, and that’s absolutely not acceptable. No, you can’t do any of this.
Greg Fellerman: And the employer, what we see a lot of the time, doesn’t have workers compensation insurance; That is a crime in itself. Him trying to have you do that is just not the right way to handle it. I would push the issue, ask for is comp care, submit the claim. If there isn’t, at that point I think you have an obligation to notify the local law enforcement that you’re dealing with this situation and I would probably call a lawyer too.
Ed: You’re going to get a piece of paper from your health insurance company that’s going to require you to fill out, it’s called a subjugation form, how this happened and did it happen as a result of being at work or did it happen as a result of somebody else doing this to you. If you lie on that you sign that under the penalty of purgery. You’ve now committed a crime now as well. Do not do any of it.
Dave: Live demonstrations here.
Ed: How about it? It’s the Virtual Law Center.
Dave: Yeah, we’re going all out today. If you need legal advice you could give the guys a call, check them out online, and don’t forget results matter with attorneys Greg Fellerman and Ed Ciarimboli. See you next time guys.
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