WHO PAYS MY MEDICAL BILLS?
After being injured in an accident, the question of who pays your medical bills will arise. Who pays will vary depending on the type of accident you were involved in.
CAR ACCIDENT
In a car accident case, there are several variables that come into play in determining who will pay your medical expenses. Most of these have to do with the type of insurance coverage(s), if any, you, and the other driver have in place and the state (i.e., New Jersey or Pennsylvania) of the coverage.
New Jersey Coverage
In New Jersey, drivers are required to carry Personal Injury Protection (“PIP”) coverage as part of their auto insurance policy. The minimum PIP coverage limit required in New Jersey is $15,000 per person, per accident. This means that if you are injured in a car accident, your PIP coverage will pay up to $15,000 for your medical expenses.
However, New Jersey offers several options for drivers to customize their PIP coverage. Drivers can choose to increase their PIP coverage limit, with options up to $250,000 or more. Additionally, drivers can choose a deductible for their PIP coverage, which is the amount they must pay out-of-pocket before their insurance coverage kicks in.
New Jersey also offers a type of PIP coverage called “extended medical benefits,” which can provide coverage for certain medical expenses that are not covered by standard PIP benefits. The coverage limits for extended medical benefits can vary depending on the policy.
It’s important to note that New Jersey has a no-fault insurance system, which means that regardless of who is at fault in an accident, your own insurance company will pay for your medical expenses up to the limits of your policy.
Pennsylvania Coverage
In Pennsylvania, drivers are required to carry PIP coverage as part of their auto insurance policy. Pennsylvania’s minimum PIP coverage is $5,000 per person, per accident. This means that if you are injured in a car accident, your PIP coverage will pay up to $5,000 for your medical expenses.
However, drivers can choose to purchase additional PIP coverage to increase their benefits. Some insurance companies offer PIP coverage options up to $100,000 or more. Additionally, Pennsylvania drivers, like those in New Jersey, can choose the deductible for their PIP coverage.
In Pennsylvania, Medical Payments coverage (“MedPay”) is an optional type of auto insurance coverage that pays for medical expenses resulting from a car accident, regardless of who was at fault. MedPay coverage does not cover lost wages or other expenses. MedPay coverage limits in Pennsylvania can range from as low as $1,000 up to $100,000 or more, depending on the policy.
It’s important to note that MedPay coverage only applies to medical expenses related to injuries sustained in a car accident. It does not cover other types of medical expenses, such as routine check-ups or pre-existing conditions.
In both New Jersey and Pennsylvania, if the responsible party doesn’t have insurance or doesn’t have enough insurance to cover your medical expenses, if you have uninsured or underinsured motorist coverage, your insurance company will pay for your medical expenses if the driver who caused the accident was uninsured or underinsured.
You may have to seek compensation from them directly or through a personal injury lawsuit.
SLIP & FALL.
If you were injured in a slip and fall accident in either Pennsylvania or New Jersey, the person or entity responsible for the property where the accident occurred will usually be responsible for paying your medical bills. This is because property owners have a legal duty to maintain their property in a safe condition and to warn visitors of any hazards. If they failed to do so and you were injured as a result, they may be liable for your damages, including your medical expenses.
If the property where the accident occurred is owned by a government entity, you may have to follow special procedures for filing a claim, and there may be limits on the amount of compensation you can receive.
If the property was owned by a business, it is possible that their liability insurance would cover your medical expenses. If the property was privately owned, the homeowner’s insurance policy may cover your expenses.
If the responsible party doesn’t have insurance or doesn’t have enough insurance to cover your medical expenses, you may have to seek compensation from them directly or through a personal injury lawsuit.
If you were injured on someone else’s property and it’s not clear who is responsible, an attorney can help you gather evidence and build a strong case to prove liability. This may involve investigating the cause of the accident, interviewing witnesses, and obtaining security camera footage or other relevant documents. In any case, it’s important to keep thorough records of all your medical expenses, including bills, receipts, and documentation of lost wages or other financial losses you incurred because of the accident. These records will be important in making a claim for compensation.
While Pennsylvania and New Jersey are fairly similar in their treatment of slip & fall accidents, there are two important differences: (i) Pennsylvania follows a comparative negligence system, while New Jersey follows a modified comparative negligence system, and (ii) the statute of limitations for personal injury claims in Pennsylvania is generally two years from the date of the injury, in New Jersey it is generally two years from the date of the discovery of the injury. Both of these are concepts that an experienced personal injury attorney can explain.
WORKPLACE ACCIDENT.
If you were injured in a workplace accident, your medical bills should be covered by your employer’s workers’ compensation insurance. Workers’ compensation is a type of insurance that provides benefits to employees who are injured or become ill because of their job. In most states, employers are required to have workers’ compensation insurance, so if you were injured on the job, you are likely eligible for these benefits.
In general, workers’ compensation benefits can include payment for medical expenses, lost wages, and rehabilitation services, as well as compensation for permanent disabilities or death. To be eligible for these benefits, you must report your injury to your employer as soon as possible and file a claim with the workers’ compensation insurance company.
If your employer disputes your claim, or if you are having trouble getting the benefits you need, it’s important to consult with a workers’ compensation attorney who can help you navigate the process and ensure that you get the compensation you deserve.
In some cases, you may be able to sue your employer for damages in addition to workers’ compensation benefits. This is known as a third-party claim, and it may be appropriate if your injury was caused by a third party (such as a contractor or supplier) or if your employer intentionally caused your injury.
If you were injured by a defective product while on the job, you may also be able to pursue a product liability claim against the manufacturer of the product.
Regardless of the scenario, it is important to keep thorough records of your injury, including the date and circumstances of the accident, the names and contact information of any witnesses, and all documentation related to your medical treatment and expenses. These records will be important in building a strong case for compensation.
In all the above situations, an experienced personal injury attorney can help you understand your rights and options for getting compensation and can assist you in building a strong case to prove liability.
We Are Experienced Accident Lawyers.
If you have been injured in an accident, contact the team at Petrillo & Goldberg Law without delay. We have offices conveniently located in Philadelphia and South Jersey and are available to discuss the details of your case and your rights.