November 7th, 2012|
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.