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Indiana Travelers Closed File
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02-11-2010, 10:10 AM
Post: #11
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RE: Indiana Travelers Closed File
Bad Boy Bad Boy Wrote:May we ask what was wrong with your hand, & what was done to help correct it medically? I had tripped over a hose and fallen on my hand to catch myself. I bent my fingers WAYYYYYY backwards when I landed. It damaged my tendons but I didn't know it at the time. The night superintendent told me I didn't need to go to seek medical yet and that I should wait a while and see if it doesn't get better. He said if I went to the doctor it would mess up their good safety record they had going. I did as he said and shortly after they laid me off. I play musical instruments but could not do so for a long time because of the pain. Eventually it continued to hurt so I called the company to get a copy of the report I had made that night and ironically they couldn't find it. Then a safety guy witnessed that he had seen the report and knew this accident did happen at work. Then the company agreed for me to seek medical attention. I then went to a doctor that takes workmans comp and they treated my hand with cortizone or steroid shots of some kind over the next few months. It improved some, and helped reduce the pain to tolerable most of the time. The doctor then sent the company a letter and stated I had reached maximum improvement and had a 4% loss of usage. A few months later I received a letter from Travelers offering 2,100 for loss of use I was still waiting to see if my hand would improve because it still bothered me (sometimes worse than others). Then 6 weeks later they sent me a letter saying that they had offered me the settlement and since I did not respond I must not be willing to settle at that time and closed the file. It said I should contact the Workers Comp Board on the Statute of Limitations. I have tried repeatedly to get in touch with them and only get voicemail. I leave a message to return my call. A few times a lady did but called days later but either extremely early in the morning while I was asleep or sometimes very late in the afternoon when I was gone to pick up my daughter from daycare. But everytime I would return her call I could not get a person to talk to. Just voice mail. I wanted to find out why they had closed the file and what to do to reopen it. I can't get an answer from them. |
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02-11-2010, 01:08 PM
Post: #12
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RE: Indiana Travelers Closed File
Indiana is a Cap State. This means each injured body part has a dollar amount to it, as per the rating and degrees payable. Since you were rated at 4% that equals about 2 Degrees payable, at $1,365.00 per degree. As you have seen they offered close to the proper amount, yet not the full amount allowable. I would think though, they have grounds to argue the full amount, and is why they offered $2,100.00. The insurance Carrier was offering a good fair amount. In a way kind of foolish not to have taken it.
If you didn't know it, you should, as playing musical instruments, or anything, doesn't matter much to the work comp board or to the Insurance Carrier, as it has no bearing on any case. So, it is meaningless to them. It does though only mean alot to us all that are and had been injured. You always need to remember that you, and the rest of us, are only a number to all these people, nothing else, just a number. Just like you are to Social Security. Just a number nothing more. In fact they don't even know your name, till they look up your Claim Number. How is your hand as of today? Have you ever gone back to any doctor for an Evaluation or any treatment for it. Even if all it only was for medication? They may have offered you $2,100.. back 18 months ago or so. But now they may wish to send you to another doctor, and have that doctor state, your rating is now 0%, meaning there are no Dollars or degrees that need to be paid now. The Insurance Carrier has a right to send you to their doctor when or if you try to reopen this case. And they will spend more then $2,100.00 to not have to pay you. So be careful. You always want to read your State Work Comp Laws and Rules, as you will need good information to conquer a quest. Educate yourself. here is some good information... http://www.in.gov/wcb/handbook/HANDBK200...rLostWages Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor. |
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