gaiassoul1@yahoo.com
Senior Member
Posts: 1275
Joined: Feb 2004
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Thursday December 22, 2005 11:30 AM
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The homeowner is now an uninsured employer, responsible for every penny of benefits due.
The civil penalties for this are stiff.
IF the homeowner does not want to end up in court they will pay the benefits as the benefits are due. The problem of course is that homeowners do not know what benefits are due. Homeowner should continue salary and pay all medical bills in full, try negotiating all medical costs for cash up front. The alternative is to proceed as an uninsured employer, retain a third party administrator - for cost savings on benefits and retain a defense attorney. Sometimes retaining those two parties alone out weighs the cost savings achieved.
Applying for State Disability, means the homeowner will be flagged to the uninsured employers unit and then the civil litigation begins. IF the injured worker uses their personal insurance that is insurance fraud as every policy for personal insurance specifically excludes work comp injury medical care.
When the applicant is MMI you will definitely need an attorney to draft a settlement that resolves the permanent disability and the entitlement for future medical care, if the applicant is willing to settle lump sum.
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