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Lack of Diligence

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Under the Indiana Worker’s Compensation Act, employees can receive financial penalties against an insurance company or an employer who acts with a lack of diligence.  The definition of lack of diligence is likely what the judge thinks is unreasonably slow.  Insurance adjuster’s are oftentimes overworked and not responsive.  Not only do you experience this, but we also deal with unresponsive adjusters on a daily basis.  There are many good adjusters also, but a lot of adjusters have too much work, don’t return our emails or respond to our phone calls, and do not do their jobs effectively.  Such conduct could result in a judge penalizing the insurance company for a lack of diligence.

     In our office’s experience, to obtain an award of financial penalties for lack of diligence requires the injured worker and/or his attorney to keep documentation of each and every step along the case that the adjuster/employer does not act responsibly and within a reasonable amount of time.  If you feel that your claim involves one for lack of diligence, please remember that the Worker’s Compensation Act allows the judge to penalize the slow party and award you money for their lack of diligence.
Posted on 3/18/2011

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