My husband had a severe accident in 1995 at work which was covered under Workman's Comp. The file was never closed or signed off; due to lifetime of possible procedures, on the recommendation of his physicians. Recently submitted lost wages for a procedure that was necessary from original surgeries; which came back return to sender. Upon research the insurance company is out of business. What can we do?
3 Answers from Attorneys
You should immediaely contact the PA WC Security fund which exists to pay benefits to those whose WC insurance companies have gone out of business. Start by contacting:The Pennsylvania Workers' Compensation Security Fund
901 North 7th Street
Harrisburg, PA 17102
Phone: (717) 787-6009
If your husband has never gone three years without receiving WC indemnification OR without having a medical bill presented for payment, then obtain counsel. Your lawyer will eventually reach an insurance fund specially created to address failed WC insurers.
That fund will then pay lawful claims as per the instruction of a local Workers' Comp. Judge (WCJ).
As with most things, timing is everything. There may be a Statute of Limitations issue here depending on when the last treatments, etc were received. In terms of the insurance company, a variety of things could have happened. I would suggest that you do some research on this issue. If you husband has continued to obtain medical treatments throughout the years, someone has been paying the doctor. The doctor’s office may have the “new” relevant insurance information. Generally, if an insurance company becomes insolvent the state steps into the insurance company’s shoes.
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