Medical Providers Cannot Collect From Workers' Compensation Claimant
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Doctors, hospitals and other healthcare providers cannot legally bill or collect fees from workers' compensation claimants.
North Carolina law is very clear on this point. By statute, in North Carolina it is illegal for healthcare providers to attempt to collect payment for medical or healthcare services without that bill having first been approved by the North Carolina Industrial Commission. Even when the bills have been approved by the Industrial Commission, the claim is against the employer, not the injured employee.
Many medical and healthcare providers are not aware of this law and routinely send bills to workers' compensation patients. Even worse, when these bills are not paid, the medical providers send adverse credit reports to the various credit reporting agencies. These reports then constitute a blemish on the patient's credit record. Correcting these errors is always difficult.
North Carolina law provides protection to workers who are injured on the job. The law provides that the total bills arising from medical services rendered in connection with an on-the-job injury are to be paid exclusively by the employer or its workers' compensation insurance carrier. There are no deductibles or co-pay requirements to be met by the injured worker.
If a medical provider attempts to collect for medical services rendered in connection with a valid workers' compensation claim, there are remedies available to the worker.
The injured worker should call the doctor or healthcare provider's office immediately to discuss this situation. If the doctor's office still does not cooperate, the Industrial Commission should be called to intervene.
Workers' compensation laws are administered by the North Carolina Industrial Commission. That commission has an Ombudsman to help injured claimants without the assistance of a lawyer. The Ombudsman can be reached at 1-800-688-8349 or 919-807-2501. call the Ombudsman to explain your situation. They will notify the doctors to inform them of the law which forbids providers from attempting to collect medical bills directly from the injured worker. This should resolve the problem.
However, if an adverse credit report has already been made to the various credit reporting agencies, causing the claimant's credit record to be tarnished, the assistance of a lawyer may be necessary.