20 Common Adjuster Mistakes And What To Do About It - Amaxx Workers Comp Blog (2024)

By //byMichael B. Stack

20 Common Adjuster Mistakes And What To Do About It - Amaxx Workers Comp Blog (1)One thing seldom heard from the insurance company or the third-party claims administrator (TPA) is “we / I made a mistake”. Mistakes happen. The difference between the excellent adjuster and the so-so adjuster is the number of mistakes made. Claims management, supervisors, and managers also make errors in judgment or unwittingly commit an oversight. There will not be a list of common claims handling mistakes on the insurance company’s or TPA’s websites. Therefore, we present common claims handling errors seen when the claims are audited by an independent claims auditor.

20 Common Adjuster Mistakes

  1. The failure to thoroughly investigate the claims including the establishment of the nature and extent of the injuries.
  1. The failed to properly document the average weekly wage and to properly establish the TTD rate.
  1. The failure to maintain the files on a diary (a regularly scheduled file review by the adjuster to ensure all needed activity has been completed).
  1. The failure to recognize and document subrogation.
  1. The failure to have Action Plans.
  1. The failure to read medical reports.
  1. The failure to monitor and control medical treatment.
  1. The failure to conclude claims promptly when the opportunities were presented.
  1. The failure to know the workers’ compensation laws in their jurisdiction.
  1. Failing to file the appropriate state forms with the Industrial Commissions and Workers’ Compensation Boards.
  1. The failure to maintain contact and rapport with the claimants.
  1. The failure to record in the file notes the documentation received on the file.
  1. The failure to utilize Independent Medical Examinations when appropriate.
  1. The failure to utilize nurse case managers when appropriate.
  1. The failure to deny unrelated medical treatment or unrelated body parts when introduced into the claim.
  1. The failure to attempt to return injured employees to light duty work when the medical providers approved same.
  1. The failure to respond to important developments on the claims.
  1. The failure to provide proper litigation management on the litigated claims.
  1. The failure of management to provide supervision or guidance to the adjusters handling the claims.
  1. The failure of management to maintain continuity on the claims by changing the assigned adjuster on the claim during the claim. (Occasionally, it is necessary on a few files but not on a majority of the claim files).

What To Do About It

When mistakes occur in claims handling, the claim cost goes up. The insurance premium paid by employers is impacted by both the frequency and the severity of claims. While the frequency of claims carries greater weight in calculating the insurance premium, the severity of the claims – what the claims cost – also impacts the insurance premium.

There are several things employers can do to limit the mistakes made on workers’ compensation claims, including:

  • Having a published set of Best Practices and insisting the claims office abide by them.’
  • Having a designated or dedicated adjuster(s) to handle all your claims.
  • Verifying the adjuster has reviewed the Employer’s First Report of Injury and has filed all appropriate forms on every claim.
  • Verifying the adjuster has obtained the proper wage/salary information for calculating indemnity benefits (calculate the indemnity benefit yourself and compare it with what the adjuster is paying weekly or biweekly).
  • Providing to the adjuster any information you have or receive about the claim, whether it is medical documentation, the employee’s personnel file or even scuttlebutt heard around the office.
  • Establish a regular file review. (What gets reviewed gets done). If you do not have the time to review the adjuster(s) work yourself, hire an independent claim file auditor to review the files and identify the strong and weak points of the claims handling on your claims.

20 Common Adjuster Mistakes And What To Do About It - Amaxx Workers Comp Blog (2)Michael Stack, CEO of Amaxx LLC, is an expert in workers’ compensation cost containment systems and provides education, training, and consulting to help employers reduce their workers’ compensation costs by 20% to 50%. He is co-author of the #1 selling comprehensive training guide “Your Ultimate Guide to Mastering Workers’ Comp Costs: Reduce Costs 20% to 50%.” Stack is the creator of Injury Management Results (IMR) software and founder of Amaxx Workers’ Comp Training Center. WC Mastery Training teaching injury management best practices such as return to work, communication, claims best practices, medical management, and working with vendors. IMR software simplifies the implementation of these best practices for employers and ties results to a Critical Metrics Dashboard.

Contact: mstack@reduceyourworkerscomp.com.

Workers’ Comp Roundup Blog: http://blog.reduceyourworkerscomp.com/

©2023 Amaxx LLC. All rights reserved under International Copyright Law.

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional.

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20 Common Adjuster Mistakes And What To Do About It - Amaxx Workers Comp Blog (2024)

FAQs

What not to say to a workmans comp adjuster? ›

For this reason, you should avoid giving any personal or unnecessary information, especially if it can be misconstrued by the adjuster. Some examples of statements in this nature to avoid include: “I woke up with a major hangover because I went out drinking the night before.”

Can you argue with an adjuster? ›

The more prepared you are, the better chance you have of getting a fair settlement. Additionally, don't be afraid to negotiate with the adjuster. They expect you to haggle a bit, so don't be afraid to stand your ground.

What is one of the most important responsibilities of a claims adjuster? ›

Claims adjusters inspect property damage to determine how much the company should pay for the loss. Claims adjusters, appraisers, examiners, and investigators evaluate insurance claims. They decide whether an insurance company must pay a claim and if so, how much.

Why do insurance adjusters never answer? ›

It is a tactic many insurance companies use to try to reduce the value of a claim unfairly. Insurance companies often do not have deadlines or pressure to resolve your claim. Meanwhile, the wasted time could lead to mounting medical bills and damage repair costs.

How do you negotiate with a claims adjuster? ›

Tips for Negotiating With an Insurance Claims Adjuster
  1. Come well-prepared with supporting evidence. Records and documentation are critical components of the process. ...
  2. Calculate a full settlement amount. ...
  3. Know your bottom line. ...
  4. Beware of the first offer. ...
  5. Get the settlement offer in writing. ...
  6. Read the fine print.
Feb 17, 2023

Does Workmans Comp follow you around? ›

When Does Workers' Comp Start Surveillance? Any time after you file a claim, an investigator may follow you or investigate you. You're more likely to be placed under investigation if you have a large claim, have filed claims before or if the insurance company has any reason to be concerned about fraud.

What to do if you disagree with your insurance adjuster? ›

Talk to the Department of Insurance

We also work to protect the rights of insurance consumers. Contact the California Department of Insurance (CDI): If you feel that an insurance agent, broker, or company has treated you unfairly.

How do you negotiate a higher settlement? ›

How to Negotiate the Best Deal on Your Settlement Agreement
  1. Prepare Well for the Settlement Agreement Negotiation. ...
  2. Decide which negotiation tactics to use. ...
  3. Ask for a Protected Conversation with your Employer. ...
  4. Don't ask for too much. ...
  5. Don't ask for too little. ...
  6. Find out how the settlement payments will be taxed.

Are claims adjusters biased? ›

Dealing With Insurance Adjusters

The insurance adjuster has only the best interests of their client in mind and will perform their duties with a certain degree of bias. Some insurance adjusters may even go as far as to employ bad faith tricks to lower the potential payout the insurance company has to deliver.

What makes a good adjuster? ›

Technical knowledge: Claims adjusters must have a good understanding of insurance policies, regulations, and laws, as well as an understanding of various industries, such as construction or medicine, to effectively assess losses.

What personality type is a claims adjuster? ›

Personality types

The ENTJ's, or sometimes called 'The Commander', excel in careers where they can use logic to solve problems and can use logical reasoning. They also hold facts to high standards and seek consistency, which is ideal for a claims adjuster who must be consistent and reliable with their work.

What is the difference between a claims adjuster and an insurance adjuster? ›

An insurance adjuster, also known as a claims adjuster, is a person who investigates an insurance claim to determine if the insurer should pay for damage or injuries, and if so, how much they should pay.

Why is my Claims Adjuster ignoring me? ›

If your insurance adjuster won't respond, it could be due to any number of reasons. It could be due to a change of personnel, bad customer service or an oversight. It could also be something that needs to be addressed on your end, regarding the claim itself.

Can you sue an insurance company for ignoring you? ›

You may be able to sue your insurance company for bad faith if they intentionally neglect to perform the duties necessary according to your policy. If the insurance company knows that the claim is valid but they deny it anyway, you may be able to sue for bad faith.

Why do insurance companies play games? ›

It is more common than you might think for insurance companies to try to reduce settlements and payouts after any type of injury or car accident. In fact, sometimes insurers utilize tactics designed to deny claims altogether or limit settlements so that victims do not receive fair compensation for their suffering.

How do you argue with home insurance adjuster? ›

  1. Step 1: Contact your insurance agent or company again. Before you contact your insurance agent or home insurance company to dispute a claim, you should review the claim you initially filed. ...
  2. Step 2: Consider an independent appraisal. ...
  3. Step 3: File a complaint and hire an attorney.
Feb 16, 2024

How stressful is claims adjuster? ›

The work of an insurance claims adjuster can also be stressful, as they may be handling multiple cases at the same time and are often under pressure to make quick decisions. Adjusters may also be required to work long hours and be on call for emergency situations.

How do you survive being a claims adjuster? ›

Keep your focus by setting goals and priorities. Each day, decide what tasks you need to complete for each claim and prioritize them. Complete tasks that are important and urgent first. Next work on important tasks that are not urgent and can wait until later in the day.

Can you work while on workers comp in Texas? ›

You can do part-time, light-duty, or modified-duty work if your doctor allows it, but you generally can't work full-time or you'll lose workers' comp benefits. In most cases where you can work while getting workers' comp, you'll work reduced hours or do light-duty work with tasks tailored to your current ability.

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