CanI sue the military/state if medical bills have gone unpaid regarding an on-duty injury?

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CanI sue the military/state if medical bills have gone unpaid regarding an on-duty injury?

I’m in the Army national Guard in MA. Long story short, I was injured in training, came home and was cleared to seek treatment via our clinic (Hanscom AFB). They sent me to Lahey Clinic to seek further treatment and my unit is responsible for the medical bills. However they aren’t paying. I’m being negatively discharged for absences due to my line-of-duty disability and am forced to file bankruptcy because of the unpaid bills. No one will return any phone calls or emails with any information for over 4 months now. Can I sue them for damages?

Asked on September 22, 2011 under Bankruptcy Law, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you were injured on a training exercise for the Army National Guard, you need to consult with a worker's compensation attorney about your injury and the resulting medical expenses and their payment.

I would also get a copy of your unit medical insurance policy and contact the carrier to see what the problem is for getting your medical bills paid. You might also consult with an attorney that practices personal injury and insurance law about your situation and whether or not you have a basis for bringing a lawsuit against your health insurance company and your resulting medical bills.


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