Worker’s Compensation and Insurance Bad FaithBy Kenton Koszdin Law Office on January 31, 2023 | In Blogs
If you were injured at work and filed for workers’ compensation, yet your claim was unjustly denied, there may be a chance that the insurance company is acting in bad faith. The workers’ compensation filing process is lengthy and sometimes complicated. There are guidelines and deadlines that have to be followed, medical information has to be gathered and a complete record has to be submitted. Despite accurate and complete applications, many claims get rejected in the first go.
Going through this process and then getting your claim denied can be very stressful for the individual already trying to heal from the injury and associated trauma. Here are some things that you should know about bad faith in a workers’ compensation claim:
- Bad faith is usually difficult to prove and the burden of proving it lies on the person filing the claim. However, with professional legal assistance, you can win both your claim and prove that you were being subjected to bad faith on the part of your employer’s insurance company.
- You can sue the insurance company for acting in bad faith. However, before you proceed, you and your lawyer must gather substantial evidence that supports your claim.
- One of the ways of identifying bad faith is if the insurance company asks you to visit multiple doctors unnecessarily, and it turns out that the initial diagnosis and treatment were just as accurate as the other medical advice you received.
- Another very common form of bad faith practice is if the insurance company denies the claimant a medical procedure that is critical or strongly advised by their doctor as mandatory.
- Delaying payments, making short payments or denying benefits that are covered under the insurance policy is also an act of bad faith. Misrepresenting or lying about the benefits and treatments that are covered under the insurance policy is also included.
If you are working on suing an insurance company for bad faith, make sure to do the following:
- Keep a record of all paperwork, forms and files. Track your application and deadlines, so that you do not miss any important steps of the filing process.
- Know if your employer has provisions for temporary or permanent disability or if their insurance company is offering to cover only the medical bills for your injury. This will help you focus in the right direction and know what options are available.
- Make sure to keep a record of all payments received, the amount and the timing of receipt.
Hiring a seasoned and trusted attorney is one of the best ways to combat the insurer’s unscrupulous ways. If bad faith is proven, you can receive not only your workers’ compensation but also compensatory damages for the way the insurance company handled your claim.
At Kenton Koszdin Law Office in Van Nuys, we are on a mission to help those hurt on the job avoid becoming victims of companies and their insurance providers. Our expert attorneys will help your claim and navigate the application process for the best possible outcome for you and your family. Call 818.293.4980 for your initial free consultation.