Auto Claims And Loss of Earning Capacity Claims
Posted by Katrina Paglierani on Thu, Feb 04, 2010 @ 12:43 PM
In most US States, auto insurance operates under a traditional fault system. In an attempt to reduce costly court expenses over the determination of fault, 13 states have moved to an alternative no-fault system with regard to auto claims. The states that have chosen to go this no-fault route are as follows: Colorado, Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah. If you work cases in these states, they each have a different take on how they have implemented this no fault system, refer to your state sites for specifics.
Generally, loss of earning capacity claims involve a bodily injury resulting in permanent injury that hinders the claimants ability to work in their current position at the time of the injury.
If you deal with auto claims in these states you may have Loss of Earning Capacity or wage-loss claims filed that can cost you a pretty penny. Therefore, return to work options can be a cost containment option when it comes to reducing that part of the claim.
As with Workers compensation law, the law has many variations between each states specifically. You will want to refer to your states individual laws and regulations with regard to deciding what type of return to work option best fits each case, claimant and jurisdiction.