insurance adjuster work comp

Have you experienced lack of due diligence by your adjuster or employer?

Under the Indiana Workers’ Compensation Act, employees can receive financial penalties against an insurance company or an employer who acts with a lack of due diligence.  The definition of lack of due diligence is likely what the judge thinks is unreasonably slow.  They are expected to handle claims with persistence, attentiveness and in good trust.

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 many adjusters have too much work resulting in unreturned emails or unanswered phone calls, and therefore unable to perform effectively.  Such conduct could result in a judge penalizing the insurance company for a lack of due diligence.

In our office’s experience, to obtain an award of financial penalties for lack of due 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 due diligence, please remember that the Workers’ Compensation Act allows the judge to penalize the slow party and award you money for their lack of due diligence.

How to Give a Recorded Statement in a Worker’s Compensation Case

It is not unusual for an insurance adjuster to ask the injured worker, or a witness, for permission to take a recorded statement. A request to take this kind of statement does not mean the claim will or will not be accepted.

workers compensation

 

If you do give a statement, questions asked may include topics like your job, how the accident occurred, if you had prior medical problems, and so forth. Here are some suggestions to follow if you give a recorded statement:

  1. Be honest and truthful. This statement may be used against you later on (if you are dishonest).
  2.  Do not guess. If you don’t know the answer, say that you don’t know or don’t recall. Otherwise, you will be held to your answer.
  3. You only have to answer the question. You do not have to give more information than asked for.

You do not have to agree to give a recorded statement in order to receive worker’s compensation benefits. The statement will likely be taken before any decision is made with regard to the injury claim. It is done as part of the insurance carrier’s investigation into the incident. If you have any questions or concerns regarding a recorded statement for a worker’s compensation case, you should consult a qualified worker’s compensation attorney.