A common thread in many Worker’s Comp cases is a lack of due diligence on the part of the defendant. There are many penalties and loopholes that insurance companies can exploit, so it’s extremely important to do your own research as well as hire an experienced lawyer to guide you through the process. Below are two examples of insurance companies exploiting errors and loopholes that can be solved with research and help of a good lawyer.
Recently we represented an individual who moved out of state while receiving worker’s compensation benefits. Under new changes to the Work Comp Act, the insurance company can try to cut off your worker’s comp benefits if you move out of state without good reason. Make sure to notify any important parties involved with your worker’s comp before making any move. It is wise to consult an attorney before you move out of state to make sure you are protected.
We can act as your representative while you are out of state, but again it is important to consult with us before you make the move. If the process is taken care of before you make any move, you can continue to receive your benefits.
We also spoke to a woman who has been out of work for years receiving disability benefits. After all these years, the insurance company realized it had calculated her wage history incorrectly, and began asking to be reimbursed for years of “overpayments.” It seems incredible that they would ask for reimbursement for years of payments that were made in error due to their own mistake. But the law is vague on the subject. Our office always requests a Form 22 and a Form 60 in every case, which can protect claimants from such scenarios.
While it can be quite common for insurance carriers to allege an overpayment, using a cautious lawyer who will request a Form 22 and a Form 60 can protect you from what can be a long, draining process. Extensive documentation and diligence can be paramount in settling these types of disputes.
If you are in need of Worker’s Comp legal representation, contact the Law Office of D. Hardison Wood today!