The Workers’ Compensation system was put in place to protect workers injured on the job, while shielding the employer from law suits. Employers purchase Workers’ Compensation insurance, and covered workers may receive medical benefits and lost earnings for a job-related injury or illness. They are prohibited from suing the employer. Workers’ Compensation becomes the only legal remedy available to the worker injured on the job.
Improper Denial of Workers’ Compensation Claims
At times, an insurer will delay or deny a valid claim in furtherance of the company’s financial interests; profits are generated by selling policies and collect premiums, while any payments reduce the amount of those profits. In addition to the financial benefit to the insurer when denying claims, an employer or adjuster may be incentivized to minimize the amount paid out in claims under the policy. In many cases, the insurer will deny that the injury or illness is work-related as a justification for denying a claim.
When a Workers’ Compensation carrier denies, delays, or lowballs one or many claims, or unreasonably places their financial interests ahead of the interests of a legitimate claimant, they may be subject to an action for bad faith. Insurance laws on bad faith tort actions vary from state to state. Some states allow a tort action for insurer bad faith, while others only impose stringent penalties on the errant insurer.
Protect Your Right to Worker’s Compensation Benefits
The power to decide claims rests in the hands of the insurer, putting you as an individual claimant at a distinct disadvantage should the company decide to deny your claim. This deficit can be remedied by bringing in an experienced insurance bad faith attorney to represent your interests and level the playing field in your fight with the insurer. You should bring an attorney on board as soon as it becomes apparent that your claim is being mishandled. Failing to file in a timely manner can cause you to lose your right to benefits, so it is essential not to delay.
Insurance Company Actions that May Be Deemed as Acting in Bad Faith
Insurance companies may employ a variety of tactics to avoid or minimize paying Workers’ Compensation benefits. These actions (or non-actions) may be signs that the company is acting in bad faith:
- Disputing or delaying payment of benefits without giving the claimant a valid reason;
- Ignoring or failing to respond to a claim;
- Pressuring an injured worker to accept an offer of an inadequate benefit payment;
- Cutting benefits for necessary medical care.
Experienced Legal Representation for the Best Outcome
The Surrano Law Firm in Phoenix, Arizona, handles insurance bad faith claims both in our home state and across the United States. Our firm is dedicated exclusively to this type of claim, and our attorneys have a nuanced understanding of insurance law in multiple jurisdictions. Our principal attorney, Charles Surrano, has worked defending insurance companies in bad faith actions and brings to the table the knowledge and experience in the inner workings of the insurance industry when pursuing justice for clients whose benefits have been wrongly denied, diminished, or delayed.
Act Without Delay
Don’t risk losing your right to the benefits you need and deserve. Contact the Surrano Law Firm for a free consultation to discuss the legal options available to you. If our investigation finds your claim to be valid, we will agree on a payment arrangement that meets your needs and proceed to take action to obtain the benefits you’ve been denied. In some cases, we can offer a contingency fee agreement. We will also pursue other economic and non-economic damages that stem from the denial of your claim, along with attorney fees, and where relevant, punitive damages. Call today for the legal representation that can get you the benefits that will allow you to recover with less stress and uncertaiinty.