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When an Employer or Insurance Carrier Acts in Bad Faith or Lacks Due Diligence

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The Indiana Worker’s Compensation Act gives the Worker’s Compensation Board the authority to determine if an employer or the employer’s worker’s compensation carrier acted in bad faith or lacked due diligence in handling an injured worker’s claim. These terms simply refer to the responsibility of employers and worker’s compensation insurance carriers to handle claims with persistence, attentiveness, and in good trust.

If an employer or their insurance carrier is found to have acted in bad faith or lacked due diligence, the Board can impose fines which are to be paid to the injured employee between the amount of $500 and $20,000. Additionally, attorney fees may be awarded by the Board in these cases of up to 33 1/3% of the amount awarded to the injured worker.

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