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workers compensation insurance

What is a deposition?

In many workers’ compensation cases, the insurance company’s attorney will want to talk to you, meet you, and take your statement.  If the statement takes place under oath in the presence of a court reporter, we refer to that as a deposition.

Depositions in workers’ compensation cases usually last 1 to 2 hours. The questions typically involve topics such as how you were injured, your prior medical history before the accident date, what jobs you have held in the past, and what benefits you are seeking.  The most important area of your deposition usually is your past medical history.  Being honest is key.  Be sure you do your best to remember any previous similar injuries.

For example, if you have a back injury, you will be asked about your previous history of back injuries.  If you deny such history and the insurance company finds out that you did have past back problems, that may be used against you in front of the judge.

Remember a deposition is nothing more than a question and answer session, under oath, in the presence of the employer’s attorney and your attorney, if you have hired one.

If you have questions regarding a work-related injury or personal injury accident, contact our office at (800) 809-3776 for a free initial consultation to discuss your claim. under oath

Medical Treatment for a Denied Work Injury Claim

 

Medical treatment will be at your expense if worker’s compensation denies your work injury claim.

Your options are to:

  1. Pay out of your own pocket, OR
  2. File with private health insurance

Keep accurate records of the expenses you accumulate for treatment related to your work injury because this information will be needed if you contest the denial of your claim. If your private health insurance pays for your medical treatment and you end up being awarded worker’s compensation benefits, then your health insurance company should be reimbursed by the worker’s compensation insurance carrier. Make sure this issue is addressed before signing the final settlement agreement. Otherwise, you may be responsible for reimbursing your private health insurance out of your settlement money.

If you do contest the fact that your claim was denied by your employer’s insurance carrier, and you file an Application for Adjustment of Claim (AAC) with the Worker’s Compensation Board, then medical providers who have treated your work injury cannot try to collect payment from you until it is determined who– either you or your employer’s insurance carrier– is responsible to pay. In order for medical providers to be considered for payment when the Board determines who is responsible to pay for your medical treatment, the provider should file an Application for Adjustment of Claim for Provider Fee (Form 18487) with the Board. An Ombudsman can assist with completing this form.

This rule only applies to those who treat you for the work injury. So, if your credit card company is coming after you for not making the required payments, even if the reason  you cannot make these payments is because you are not working now as a result of your work accident, you will not be protected by your worker’s compensation case. Similarly, if you have a collector calling you about a dental bill that is unrelated to your work accident, there is nothing you can do about it through your worker’s compensation case.

How to Find Out Your Employer’s Worker’s Compensation Insurance Information

Employers are required by law to post the name, address, and telephone number of their worker’s compensation insurance carrier in an obvious area within the workplace (for example, in the breakroom). You may also ask your employer for this information.

If your employer says they do not carry worker’s compensation insurance and you have been injured on the job, you can contact the Worker’s Compensation Board of Indiana to verify whether your employer has worker’s compensation insurance. If your employer does not carry insurance, the Board will take action against your employer. The law allows penalties to be assessed against any employer who fails to carry worker’s compensation insurance in the state of Indiana.