Suing workers comp companies for bad faith is not allowed in some states. If you feel that the company with which you attempted to file a workers compensation claim handled your claim in bad faith, it may be time to talk with an attorney about your case. An attorney can advise you of the law in your state and your legal courses of action.
Bad Faith Insurance Practices
While in some states, the law prevents employees from suing insurance companies for bad faith practices surrounding workers compensation cases, other remedies may be available in cases of bad faith. Whether or not a lawsuit is warranted and legally allowable in a given state will depend on a number of factors, including:
- The state in which the case took place;
- The issue at stake in the case;
- Whether or not an exclusive remedy provision is part of the state's law; and
- The type of insurance the company has.
When you have been injured and seek compensation from your insurer for missed work, you may expect that your claim will automatically be approved based on what you know about your case. Unfortunately, insurers do not always make getting the compensation to which you are entitled as easy as you might expect it to be. Denial of claims can be for a number of reasons. There are legal remedies and actions that can be taken when a valid workers compensation claim is denied (bad faith or not), including:
- File for an appeal in a timely manner.
- Get an experienced workers compensation attorney to handle your claims appeal for you.
- Take action. It is important to act swiftly before the allowable appeal time runs out.
State law varies regarding exactly how the claims and appeals process for workers compensation must be handled. If you have questions about the law, it is wise to seek the help of an attorney. An attorney will help you expedite the process and make sure your paperwork is in proper order and you have the relevant evidence needed for your claim.
Getting Legal Advice
Because the workers compensation system is complicated, discussing your concerns about your claim with an experienced attorney may prove helpful. An attorney can assist you with exploring your options given the facts of your case. If your claim was denied, an attorney can help you figure out the best way to handle the denial.