Legal Question in Workers Comp in Indiana

I had shoulder surgery and physical therapy due to repetitive stress injury at work. It was covered by Worker's comp. After my final doctor's visit, he reported to insurance company that I have a 5% PPI so the inusrance co. is offering me a settlement. I am mostly pleased with my recovery and agree that I have only a slight disability and if my condition stays as it is now, I won't have any problem doing my job or normal daily activities. My concern is that over time, my condition could deteriorate and I'd have to have more surgery and/or therapy. My question: if I settle now, and later have a recurrance will a future insurance company refuse to cover it especially if they learn I received a settlement? Am I correct to assume the settlement is *not* intended to cover any future related injury or worsening of condition? Also, what is the length of time that would have to lapse before another insurance company would cover it, if there were a future recurrance. (There is a 20% rotator cuff tear that doctor did not repair and he said bursitis and arthritis that he removed could return.) Also, what is the time limit I have to agree with insurance company's offer of settlement? Is that determined by state law?

Asked on 8/27/13, 5:54 am

1 Answer from Attorneys

Charles Candiano Candiano Law Office

If you settle the case, you close the medical. Future work injuries, re-injuries, or aggravations of past injuries CANNOT be excluded. You have as much time as the insurance carrier wants to give you.

If future medical is important to you, don't settle. Instead, have a trial. The Board Member will adopt the PPI rating and you will get the same money. This is much easier with an attorney.

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Answered on 8/28/13, 6:07 am

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