+- Workers' Compensation Discussion Forums (http://www.workerscompensation.com/forums/general)
+-- Forum: Category (/forumdisplay.php?fid=3)
+--- Forum: Injured Worker Forum (/forumdisplay.php?fid=4)
+--- Thread: Indiana Travelers Closed File (/showthread.php?tid=9689)
Pages: 1 2
Indiana Travelers Closed File - divechic26 - 02-10-2010 06:00 PM
I had an approved workmans comp claim and was treated for my hand. Travelers offered me a settlement amount and when I did not accept it within a few months they closed my file. It has not been 2 years yet since the injury. Indiana State Law has a statute of limitations of 2 years I was told. So can I just call Travelers and tell them to reopen my file or is there some other procedure I must do to reopen the file?
RE: Indiana Travelers Closed File - Still in Limbo - 02-10-2010 06:44 PM
I Would Strongly Suggest You Retain Counsel to Help You with Your Issue! They will Surely be Using Theirs. Good Luck!!
RE: Indiana Travelers Closed File - Bad Boy Bad Boy - 02-10-2010 08:28 PM
All depends if it is worth it or not, as you haven't said what was done for treatment to the hand, did you have surgery, or what you had wrong with it? If they offered you say $3,000.00 and you refused it. And now want it, finding a Indiana Attorney to take such a small Fee might be very hard to find one. What makes you thing the case has been closed? The insurance carrier isn't going to just get up and jump now, if you think because you ask them to reopen your case. They aren't going to do anything unless their hand is forced to do it now. They hold the ball right now, you have to get the ball back.
RE: Indiana Travelers Closed File - divechic26 - 02-10-2010 09:43 PM
Still in Limbo Wrote:I Would Strongly Suggest You Retain Counsel to Help You with Your Issue! They will Surely be Using Theirs. Good Luck!!
It was only 18 months since the injury date and I don't think they can just close the file. However, they sent me an offer of 2,134.00 as settlement and second letter 2 months later saying that since I did not respond they assume I do not want the offer and therefore they have closed the file. (That was Travelers Indeminity that sent me that letter). They must be the ones that handle my companies Workman Comp claim for the company I use to work for. I just wanted to be sure the hand was totally healed as much as possible before I settled. There was no surgery required.
RE: Indiana Travelers Closed File - 1171 - 02-10-2010 11:07 PM
statute of limitations is the time in which to bring a claim it does not dictate when a claim can be closed.
the 2 years applies to litigation.
what are you trying to do?
if you need additional benefits you need to specify what benefits you need and why.
whether the carrier's claims file is open or closed is not the point.
they are not required to keep the file open when no benefits are needed; in fact most comp laws require prompt closure of claims when there is no activity.
are you entitled to more benefits?
with additional information we might be able to provide some guidance.
RE: Indiana Travelers Closed File - divechic26 - 02-10-2010 11:51 PM
1171 Wrote:statute of limitations is the time in which to bring a claim it does not dictate when a claim can be closed.
the 2 years applies to litigation.
what are you trying to do?
if you need additional benefits you need to specify what benefits you need and why.
whether the carrier's claims file is open or closed is not the point.
they are not required to keep the file open when no benefits are needed; in fact most comp laws require prompt closure of claims when there is no activity.
are you entitled to more benefits?
with additional information we might be able to provide some guidance.
I have never received any benefits other than the medical bills paid. However, I reached maximum improvement with a 4% loss of use of my hand. That is why I was waiting a little longer to decide whether to take the settlement offer of $2,100 from the Travelers Indimnity Co. Now that I have decided to accept that as settlement Travelers says they have closed the file and I should contact the Workmans Comp Board on the statute of limtations. I now know the statute of limitations for my state is 2 years. (That is to file a claim though; which I had already done). It has not been 2 years since my injury or my filing for workmans comp. Therefore, I do not know why they closed my file, but more importantly, I don't know what I need to do to have it reopened and claim my settlement money; or if that is possible.
RE: Indiana Travelers Closed File - 1171 - 02-11-2010 12:19 AM
they are telling you to file with the work comp court before they will voluntarily provide you any disability benefits.
I believe this is the form that is used to open a file before the Indiana work comp board
http://www.in.gov/icpr/webfile/formsdiv/29109.pdf
you can also get advice and help by requesting it from the Ombudsman's office
http://www.in.gov/icpr/webfile/formsdiv/45442.pdf
In addition to the handbook there is general information on the state of Indiana work comp website
http://www.in.gov/wcb/index.htm
RE: Indiana Travelers Closed File - divechic26 - 02-11-2010 12:29 AM
OMG! THIS IS GREAT INFO. Thank you soooo much for your help. I will start on this first thing tomorrow. Thanks again.
RE: Indiana Travelers Closed File - 1171 - 02-11-2010 01:01 AM
comp can be soooo complicated for the average worker.
being able to get acurrate information is a great equalizer
glad the board could help.
be well.
RE: Indiana Travelers Closed File - Bad Boy Bad Boy - 02-11-2010 09:40 AM
May we ask what was wrong with your hand, & what was done to help correct it medically?