Insurance Claims
third-party claim – Wiktionary
December 22, 2010 | Author admin
third-party claim (plural third-party claims)
1. A derivative lawsuit brought by a defendant in an original lawsuit, claiming that another new party being brought in is responsible for or should share in the plaintiff’s damages against the defendant.
* Practise note: the third party being sued by the defendant is cited as “First Third Party”, “Second Third Party” etc.
Worker’s Compensation – A thing that every worker should know – Article Blast! Free Articles And Content For Reprint On Your Website, Newsletters and Ezines. Submit Your Articles For Free!
December 22, 2010 | Author admin
Work place accidents occur. It’s a fact. From very minor incidents such as small cuts and bruises to very serious accidents that may result in death. Previously known as “workman’s comp” for short, the name has been changed to Workers’ Compensation. Worker’s compensation is basically an insurance policy, derived from state statutes, which protect employees if they become injured or sick while carrying out the duties of a job. Worker’s compensation may also pay damages to a worker’s family if the worker is unable to return to work for a long time or suffers a fatal injury.
Each state has its own worker’s compensation regulations and rules, and state laws control an employer’s responsibility to its workers. State law establishes the types of injuries and sicknesses, which are actionable, and the award an injured party could receive for those conditions. Federal law only relates to employees of the national government or those persons who carry out interstate commerce. Coverage includes work-associated illnesses, sickness, falls and other accidents in the workplace.
Workers compensation does not just cover medical costs; it also provides income replacement for the injured worker due to an on the job injury or accident. Depending on the state of jurisdiction, the employee might get up to 2/3 of his or her usual wages, until they are able to return to work.
Worker’s Compensation is insurance that provides medical and disability benefits for work related injuries and diseases. For many employers this insurance is an experience rated system that encourages injury prevention by charging higher premiums to those employers whose workers have more injuries.
Workers’ Compensation sole purpose is to cover the medical expenses accumulated by the injury, as well as financially support of the employee while they are recovering. As an incentive to encourage businesses to accept full responsibility for the premium costs of workers compensation, the workers gave up the right to sue the employer for damages resulting from a job related injury. Many seem to think workers compensation should be treated as an employee benefit. However rather than a benefit, workers compensation is a legally mandated right of the worker. As a mandated right all medical bills and loss wages relating to an on-the-job injury are covered by the workers compensation coverage.
Apparent Benefits of Worker’s Compensation – Article Blast! Free Articles And Content For Reprint On Your Website, Newsletters and Ezines. Submit Your Articles For Free!
December 22, 2010 | Author admin
Workers compensation is a type of insurance which collectively offers compensation as well as medical care for the employees who are accidentally injured during the course of employment. Workers’ compensation also encircles economic loss, reimbursement of medical and other form of health insurance. The Worker’s Compensation insurance is extremely helpful and not only covers the comprehensive cost of hospital bills but also follow up doctor’s appointments, drugs and even surgeries. Though Worker’s Compensation can be costly, it is often protect the small business owner from lawsuits. If an employee signs on with Worker’s Compensation program he relinquishes his right to bring legal action in the event of an accident.
In real terms Worker’s Compensation is a collection of laws which protect people that are injured at work. The intent of Workers’ compensation program is to take care of the injured workers at the work place. If you’ve been injured or met an accident on the job, then you should be aware of Worker’s Compensation rights. If you have been injured then it is a great idea to seek legal and professional support from the company. You may also require an attorney who particularly specializes in Worker’s Compensation cases or in personal injury or accidental cases.
Worker’s Compensation offers certain benefits like: cash benefits, supplemental benefits, medical benefits and social security benefits. But if the worker dies from a compensable injury, the surviving belongings or other dependents as defined by law are entitled to cash benefits at the same time. The amount may be equal to two-thirds of the deceased worker’s average wage or according to the state legislature. If there are no surviving children, spouse, siblings, parents or grandparents entitled to compensation then the surviving parents or the estate of the deceased worker may be entitled to payment of a certain sum. All in all, you should be aware of the Workers’ compensation programs designed by the companies.
If you have been in a motor vehicle accident, and had bodily injury, pain and suffering or emotional distress, Mitchell and Shea APC are lawyers with vast experience in personal injury that can help you.
As leaders in the field of workers compensation law, we can assist you with work accidents, construction injury, temporary or permanent disability, modified duties and work restrictions, discrimination at work, workers’ comp settlement, stipulation with request for award and state disability.
If you have experienced any personal injury like head or brain injury, slip and fall, dog bite, negligence whiplash injury, property damage, amputation at work or in a traffic collision, repetitive stress injury like carpal tunnel syndrome, laminectomy, discectomy, fusion, arthroscopic knee surgery or shoulder surgery – Call Mitchell and Shea APC Toll Free 877-702-6517
Insurance Tips For New Home Owners
December 13, 2010 | Author admin
If you have just bought your very first home, you are probably unaware of how your purchase has affected your insurance profile and that you need to review your existing insurance cover. In fact, even upgrading from a small, cheap house to a larger family home will impact on your insurance. Most people think that adding some form of homeowners insurance is all that is needed when purchasing a new home. While the addition of a homeowner’s policy is by far the biggest change, your other insurance policies will most likely need to be reviewed too. The following are some of the more prominent policies you may need to revise.
Homeowner’s insurance
If you successfully applied for a home loan, your bank will have required that you take out a homeowner’s insurance policy. The questions that you need to ask yourself are did I get sufficient cover and did I shop around for the best deals?
When analyzing your coverage needs, your assessment needs to be based not only on what is required by your bank, but also on the actual value of the property. Banks often pressurize you to take whatever insurance policy they put in front of you. Except for a few conniving banks, taking the bank’s own cover is not mandatory. This means that you have the option of shopping around for better insurance.
Car insurance
If you just bought a house, your marital status may have changed. If this is the case, then congratulations! You may be eligible for a lower premium as marital status affects your risk profile. Married couples are considered a lower insurance risk by insurance companies. You may also want to cover both your and your spouse’s cars under one policy. This should work out much cheaper than having two separate vehicle insurance policies. You may even want to go one step further and combine your vehicle and homeowner’s policy to get even cheaper premiums. Lastly, it is essential that you update your car insurance policy as your change of address will also affect your policy. This is essential because should you need to claim due to theft from your new home and you have not updated your policy, your claim might be turned down.
Disability and life insurance
If you were to become disabled or unable to work due to an accident or disease, your mortgage will still need to be paid. Disability cover will pay you a monthly benefit if this happens which could very well save you from financial ruin until you are able to work again. Similarly, life insurance will help pay off your debts and perhaps even the mortgage on your home should you pass away. If you are the breadwinner in your family, this type of cover is essential.
Purchasing a new home can be a very exciting experience, but it is important that you remember to review all your insurance policies to make sure that you and your loved ones are adequately covered. If you are unsure of where to start contact your insurance broker and without a doubt, shop around for the best insurance deals!
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What does homeowners insurance cover?
December 13, 2010 | Author admin
Every homeowner should realize the importance of homeowner’s insurance policy. Homeowners insurance policy not only protects the homeowners from man-made and natural disasters, but it also protects you from several other situations.
The basic homeowners insurance policy pays you in case of any damage due to fire, severe storms, tornado’s and hurricanes. Damage to your property, possessions and home are primary elements to be covered. Coverage provided by the policy is not the most important aspect; the most important aspect is the amount they provide in case of any disaster.
Lost of possessions like furniture, electrical appliances, jewelry, clothing are also generally covered by some of homeowners insurance policies, up to a specific percentage of the policy.
Liability coverage protects you in case you are responsible for someone else’s injury or property damage. In such cases home owners insurance will soon provide you minimum 18,000 USD as coverage. Policyholder can buy an extra premium of $1.5 million. Liability coverage also covers certain injuries that happen within the premises of your home such as your dog biting someone. A sum of $700 is paid to the insurer with basic homeowners policy; this can increase up to $5,000 after paying extra.
Dwelling coverage will pay you in case of damage to your outstanding building (garage, storage, shed, fencing, boundary) and your home.
Loss of use coverage will help you in case if your home is damaged due to fire, storm or any other man made or natural calamity. Loss of use coverage will pay your expenses when your home is not suitable to live.
You must think over all the issues before purchasing a homeowners insurance. Consider the reputation of the insurance company and do not make decisions solely based on premiums of policy. Using Internet, you can find reputed home insurance company with best homeowners insurance rate. With a bit of research work you can get the best deal.
Find all you need to know about home owners insurance on the best homeowners insurance rate . Your house insurance source – http://www.house-insurance-guide.net
Auto Accident? What do you Do?
December 13, 2010 | Author admin
Based totally on the latest report released by the renowned World Health Organization, about three thousand people die in vehicular accidents every day. And we aren’t even talking about one country here ; the alarming figure speaks for worldwide vehicle accident incidence. In the U. S. alone, there were about 6,000,000 vehicular accidents that happened in the year 2005. In fact, according to reports, a mean of 115 individuals die every day due to car crash figures – that is’s roughly around one accident each thirteen minutes.
it is no wonder then that auto accident claims are reasonably popular today, ranking only second hardest to prove in suits behind medical laxity claims. The severity of such vehicle accident, though, will eventually rely not on one but many factors. These may include, but not restricted to, the autos involved, The speed of the vehicles colliding, and the road or terrain in the vehicular accident.
The worst that could happen during these automobile accident injuries is death. A more common damage that’s customarily complained about is the whiplash injury. While whiplash wounds are but a common thing in vehicular accidents, the symptoms show after a very long time. Hence, it is reasonably tough to prove in court for compensation of damages. of course, you could not just pay no attention to the mental effects these traumatic vehicle accidents bring to the victim. Vehicular accidents can provide you with near-death experiences if you are personally involved in the accident or even worse, they may result to endless shock and a robust feeling of emptiness or emotional damage, which the family of the bereaved has to endure. While the physical injuries are serious enough, the mental effect will be the harder to get past through. It takes longer for people to recover from such a devastating loss of a loved one and many are limited to a long terrible state and mourning regularly accompanied by psychological suffering and stress.
Steps to be taken in case of car Accident
December 1, 2010 | Author admin
We any ways have to be careful in our day to day life, but unluckily bad things do happen. Follow the below given 13 steps if in case you come across any car accident:
1. First thing you need to do is to notify the police on time and call ambulance if in case of serious injury.
2. Do work together with the accessible authorities who come to the scene.
3. Take based on reason steps to safe guard your vehicle from any other loss. Consider moving it out of the traffic.
4. Further try to record every thing what every possible on the scene. Your notes should carry the details of accident, recognition of the autos and people available, and the names and badge numbers of all urgent situation personnel. Take pictures in case possible.
5. Insist on breath tests if you estimate drugs or alcohol are involved.
6. Do not agree on money in any case. Do not confess fault. Do not agree on fail to notice about the auto accident.
7. Have a carbon copy of all police reports.
8. Have the insurance company inspects and evaluates the scratch before any steps are taken to repair it.
9. Cooperate with the auto insurance carrier agent in the examination, protection or settlement.
10. Send your car insurance carrier copies or lawful papers received in relations with the accident as soon as possible. Be sure you keep the originals copy with you.
11. If you are injured, submit to physical tests by physicians selected by the insurance carrier as commonly as they reasonably require. (The insurance carrier do pays the cost of these examinations.)
12. Give your support for the car insurance carrier to get medical reports and other applicable records.
13. Now its time to file a claim.
14. After filing a claim you require to keep a record of expenses you incur as a result of an auto accident, as it may be repaid under your policy.
15. Store copies of all the paperwork in your own managed files. You might be required to refer to it later.
Recorded Statement — Do I have to give one after a car accident?
December 1, 2010 | Author admin
The recorded statement is a guarantee step in the claim investigation process.
Insurance adjusters will be calling you to ask if they can take your statement about the accident. Many people believe that they have to give these statements so the insurance company provides coverage for the loss. Most insurance companies have Cooperation Clauses in them, but none of them can require you to give a recorded statement in the event of a car accident.
You have the constitutional right to remain silent and to not testify against your own person. Even in murder trials, the right to no self incrimination is respected. The concept carries over to car accidents. No one can bound coverage and require you to be in a recording giving testimony of facts.
Taking a recorded statement is entirely voluntary. Do not let the insurance company tell you otherwise. If they tell you that the cooperation clause in your policy says that you must cooperate, then you can tell them that you will cooperate by giving a verbal statement (same statement just not recorded).
The cooperation clause is just that, a clause that requires you to help the insurance company�s investigation. It does not say that you have to do it under a recorded statement. If they are too pushy, then ask them to put their requirements on writing and verify what they are telling you against your actual policy.
Benefits v. Harms of a Recorded Statement
The benefit is that your insurance company will be able to better document your file. If there is a dispute about fault, and your case goes to arbitration, the arbitrator will probably look at a file with a recorded statement as having better evidence than a file without one. I have seen arbitrators decide that one person�s version of events was �more convincing� because she/he was willing to put their words in a recording.
The harms of giving a �bad recorded statement �could be many, delay in the investigation for something that you said that could bar coverage, complete denial of coverage, fault being construed against you, interpretation of your words against you, etc.
If you think that giving a recorded statement is the right thing to do, then consider only giving it to your own insurance company. If the other party�s insurance carrier asks for a recorded statement, have them contact your insurance company and �share� a copy of the tape. This way you only give one statement, and the people questioning you is your own insurance company (the one protecting your interests).
Here are the best 10 tips of what you should do before you give a recorded statement:
1. Make sure you have time to talk. Secure at least one hour of your time.
2. Make sure is time that work s for you and the adjuster�s. Do not do it before the adjuster�s lunch time. They will rush you to get out of the tape without giving you a chance to fully explain your point of view.
3. Have all the information available in front of you. For example, Names, streets, insurance polices, and the police report if possible.
4. Read your police before hand. This way you will know why the adjuster is asking what they are asking, and see if they are trying to find information to deny your claim.
5. Tell the adjuster that you are willing to give the statement only if they give you a transcription of what you said. Make sure you say this on the tape.
6. Remember that you can decline to answer any question for any reason at anytime. Just say it. I decline to answer for personal reasons.
7. Tell the adjuster that you will also record the conversation. This usually puts them in their best behavior.
8. Answer only what they asked you. If the question is what color is the light? then answer should be a color and nothing more.
9. If the question is subjective, decline to answer, tell them that you do not know, or simply just ask the adjuster what they are looking for specifically.
10. Be polite and respectful. If they are rude or anxious, the adjuster�s supervisor will probably side you. But if you are rude, your complaint will be dismissed.
via Recorded Statement — Do I have to give one after a car accident?.
Tips to ensure your claim is processed in a timely manor
November 29, 2010 | Author admin
There are a couple of key factors that will help process your claim within a timely manor:
1. Be sure to fill out all of your personal information on each claim form. Sometimes the company will ask for the information several times on each page, it is necessary for you to complete the information each time. It seems redundant, but it is necessary.
2. Make sure to give your physician the claim forms to fill out. You can provide your physician with our fax number (724)519-7484 and ask them to complete it and fax it directly to our office. You do not have to wait for them to fax the information. You can send us your completed portion as soon as it is finished.
3. Make sure to give your employer the claim forms to fill out. You can provide your physician with our fax number (724)519-7484 and ask them to complete it and fax it directly to our office. You do not have to wait for them to fax the information. You can send us your completed portion as soon as it is finished.
4. We will also need a copy of your Operative Report faxed to our office.
5. We will need ANY copies of itemized statements, chiropractor visits, or any doctors visits.
6. Claims should be filed within 14 days of the accident or sickness. The sooner we receive your completed paperwork, the sooner the claim is filed and processed.
7. You can check on the status of your claim 24 hours a day by visiting the Insurer’s direct website or by contacting our office.
Posted in After Car Accident, Auto Insurance, Cancer, Car Insurance Claims, Claim, Critical Illness, General Info, Had an Accident, Homeowners Insurance Claims, Hurt at work, Income Life Insurance, Injured, Insurance Claims, Liability Insurance Claims, Life Insurance, Life Insurance Claims, Make a claim, Property Casualty Insurance, Property Damage Claims, Sickness, Umbrella Policy, Worker's Benefits, Workman's Compensation | No Comments »
Worker’s Compensation and Social Security Disability
November 29, 2010 | Author admin
If I am on workers’ comp, should I also apply for Social Security Disability?
This is a very good question, but can be a very complicated one. In many situations, if you have sustained significant work injuries that may be life-changing and/or that prevent you from returning to work, then it is probably a good idea to apply for social security. For example, let’s say you suffered from a very significant spinal injury, a very significant brain injury, or perhaps some kind of severe leg, arm, or back injury. Well, if your injury is very significant and definitely has taken you out of work, then applying for social security is probably a good bet.
But, if you are going to try and get both workers’ comp and social security benefits, it is also advisable to hire an attorney who understands both. You and your attorney need to understand the Social Security Disability part of your claim as well as the Worker’s Compensation aspect so as to ensure no problems arise from getting both. Not to mention you will need an attorney to help you navigate the process of getting both.
There are complicated situations which can arise, which makes it all the more wise to have an attorney. For example, several years ago, Medicare required that individuals who applied for Social Security Disability while on Worker’s Compensation, and who subsequently settled their case, had to put some workers’ comp money aside in what’s called a Medicare Set Aside Account (MSA). The MSA is very complicated and can be hard to understand if you are not familiar with it. In any event, the MSA will impact your settlement and your Worker’s Compensation case as you proceed through it, so you just need to be sure that everything is running smoothly and as it should be. An attorney can help with that.
My suggestion and advice to you, since this is a fairly short explanation on workers’ comp and social security, is that you do call an attorney, who can help you to understand the impact of filing for Social Security Disability while you have a Worker’s Compensation claim pending. It is significant on the potential of how long the case may take and the type of settlement that you might receive in a lump sum because of that MSA set aside.
