In Motor Vehicle Accident Injuries, On the Job Injuries, Personal Injury Protection (PIP)

When A Patient Refuses To File A Workers’ Compensation Claim

If your patient was injured in a vehicle collision while on the job, what’s the harm in billing their Personal Injury Protection benefits from their own automobile policy?

A lot, for you and for your patient. 

I recently had a client call after being injured in a Motor Vehicle Accident (MVA) while on the job. He did not want to get his employer involved by making a workers’ compensation claim, and instead, he wanted his medical providers to bill his Personal Injury Protection benefit. I told him that it was a bad idea for a number of reasons.

  • First, if he does not make a workers’ compensation claim, he may be time-barred from ever being able to make a claim.  
  • Second, if PIP does make payments and they find out he was injured on the job, they are going to want their money back.
  • Third, if more than 60 days go by from when medical services are provided and the bills are not submitted, the workers’ compensation carrier can take the position that they no longer have to pay them.

Here’s the bottom line.

If your patient is injured in an MVA while on the job, and you bill PIP, you’re taking a big chance of not getting paid. Worse yet, you may have to return any payments you’ve received from the PIP benefits that were paid out.

Everyone is at risk for a loss if the wrong insurance company is billed. If your patient insists on not billing the workers’ compensation carrier for their company, have them talk to an experienced and reputable personal injury attorney.   

letter of protection