Some Important Tips you should know about Workers Compensation Insurance in Fort Myers


For many years, Workers Compensation bad faith remains one of those rarely-discussed topics due to many factors.   The subject rears its ugly head for what seems approximately twice per year. The worn-out catchphrase is “sent a chill over the industry.”  

The workers compensation claimant bar has been pursuing bad claims handling as a tort for over 50 years. Yes, there have been some successes in this area.   


Workers Compensation Board Jurisdiction

The Workers Comp Board or Industrial Commission usually retains the authority over claims handling issues. If one looks at the current Appellate Court cases, the judge usually remands the case back to the lower court – usually the Appeals level within the respective workers compensation board or commission. We provide service like homeowners insurance, condominium association insurance, work compensation insurance, Hurricane insurance .We provide our services in Fort Myers, Bonita Springs, Cape Coral, Okeechobee, Clewiston and Labelle.

Approximately 20 years ago, an adjuster was found to have altered claims forms after obtaining signatures from the employer and employee. The changes to the forms occurred due to the adjuster wanting the claims agreement forms to be approved by the workers compensation commission. The adjuster even admitted altering the agreement forms. What happened to the case?   The Court of Appeals remanded the case back to the Full Commission as they were deemed to have jurisdiction. 

Exclusive Remedy

Exclusive remedy has always kept most claims issues within the board or commission’s authority. If one cannot sue their employer can they also not sue their adjuster? 

Exclusive remedy is one of the underpinnings of how Workers Compensation insurance survives to this day. Exclusive remedy means that an injured claimant cannot sue his employer as a liability matter. Likewise, the employer cannot sue the employee for contributory negligence. 
Structured Environment 

Workers compensation, overall, operates in a very structured environment. For example, making an offer to settle on a property or auto liability claim has many unknowns as to value.  Offering too low (low balling) can be a path to a bad faith claim. 

Workers comp bad faith remains a very structured environment. All the variable are pre-calculated from the Average Weekly Wage to a fee-schedule medical bill.   

The great unknown of Workers Compensation barely exists from the way a First Report of Injury is filed to the settlement approval process. Contact us 239-204-3211.
Visit my website:-
https://www.johnperryinsurance.com/

Business address:-
5240 Bank St., Stet 3, Fort Myers, FL 33907


Location: Fort Myers, FL, USA

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