Insurance Claims Management
New Rights of Insured:
Upon written request, the employer has the rights to information about employees in the claims files of the
insurance company. Using a labor code 3762, you can insist on access to this information.
Labor Code 3762
1. All elements of the claim file not otherwise protected by privilege are disclosable to the insured, to the extent
that they affect premium. Copies to be made available to insured at their expense.
2. Labor Code 3761 ( c ). Insured has a right to know reserve on a claim if it affects premium, upon request a
written report shall tender, at a "minimum"
(a.) Estimated medical /legal cost
(b.) Estimated Vocational Rehabilitation costs, if any
(c.) Itemization of all other estimated expenses to be paid from the reserve
3. Insurer required to discuss all elements of a claim, which affect employer's premium and to provide copies
of all non-privileged documents that affect premium.
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