November 7, 2012
A ruling from the Indiana Court of Appeals found that an injured worker’s claim should not be immediately dismissed because a claim for the same incident was settled in another state.
Risk & Insurance reported that a Wisconsin man was hired by an insurance company to investigate fraud in Indiana. While traveling in Indiana on business, the man was involved in a car accident that left him with serious injuries. He then filed both an Indiana Workers’ Compensation claim as well as a claim in Wisconsin because the company he worked for used separate insurance providers in both states. The claim in Wisconsin was settled for $100,000, which prompted the insurance company in Indiana to throw out his claim.
The Court of Appeals ruled though that the claim could not be barred just because a settlement was reached in Wisconsin rather than the company offering a unilateral, voluntary payment to the injured employee. The court maintained the Indiana insurer was involved in the Wisconsin settlement decision as well and could have included a clause preventing the second claim from being made.
The Indiana Disability Lawyers with Fleschner, Stark, Tanoos & Newlin have a firm understanding of the complexities of the process of filing an workers’ compensation claim and are here to answer any questions you may have regarding a claim you are preparing to file or that has been denied in the past.
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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