If I have insurance through work and an independent policy, can I make a workman’s compensation claim on both?

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If I have insurance through work and an independent policy, can I make a workman’s compensation claim on both?

I am insured through my job but have not informed them about a supplemental insurance policy. Can I put a claim in to the supplemental company without jeopardizing my work insurance? I had a minor injury at work and missed 6 days because of it. All of the doctor’s bills so far have been covered by workman’s comp. I used sick time to cover the days off.

Asked on November 19, 2010 under Insurance Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

So what you are saying is that you have your own policy of insurance that you pay for over and above the insurance policy at work.  One would have to read both policies - but at a minimum your second policy - to see how it is written.  Generally peaking, though, insurance companies look at policies in a tier, so to speak, and they allocate titles to them which then in turn allocate how the claims are paid out.  They call them "primary" and "secondary" policies.  In most cases the benefits of the primary policy are paid out first and once exhausted the other policy kicks in.  If the policies cover differently that could change the generalities here.  But all claims will ask about "other insurance" so be careful here.  Fraud is not a good thing to be accused of.  Good luck.  


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