How To Know if the Workers’ Compensation Insurance Company Is Treating You Unfairly
If your employer has purchased workers’ compensation, their insurance should pay for your medical bills and lost wages when you suffer a work-related injury. However, workers’ comp insurance companies don’t always play fair. After a job-related injury, you might find yourself fighting an uphill battle with your employer’s insurer. In such a case, it is understandable to wonder if the insurance company is treating you unfairly.
Understanding Bad Faith in Workers’ Compensation
Workers’ compensation insurers, like every other insurance company, are required to act in good faith. This does not only mean that they should avoid unfairly denying claims. Acting in good faith also applies to how claims are handled. Workers’ compensation insurers must process claims promptly, communicate clearly with injured employees, and honor the policy terms fairly and reasonably. If a workers’ compensation insurance company fails to uphold these duties, it may be said to be acting in bad faith. When a workers’ compensation insurance company acts in bad faith, it can adversely affect your recovery and financial stability.
Common Signs the Workers’ Comp Insurance Company Is Treating You Unfairly
Just because there are delays or hiccups in the workers’ compensation claims process does not necessarily mean the insurance company is treating you unfairly. Some issues may be administrative or due to genuine concerns about your claim. However, there are clear red flags that suggest the insurance company may be acting in bad faith or failing to uphold its obligations. They include the following;
- Repeated or Unexplained Delays
If your workers’ compensation claim experiences delays without a clear explanation, it may indicate that your employer’s insurer is treating you unfairly. While a bit of delay is excusable, especially if there is back-and-forth communication, repeated delays without clear reasons are not. Your employer’s insurance company is obligated to investigate your claim promptly and either approve or deny it.
- Unjustified Denial of Your Claim
If your claim is denied even though you followed all the correct steps and provided the necessary evidence, it could indicate bad faith. It is also a red flag if the insurance company offers an ambiguous explanation for denying your claim or a reason that is inconsistent with the facts or that contradicts the evidence provided.
- Lack of Communication
Is the insurance company ignoring your calls or emails? Has it been ages since you received an update on your claim? If so, the insurance company may be intentionally stalling the case or trying to make it hard for you so you can give up or settle for less than you deserve.
- Unreasonable Requests for Information
While it is standard for insurance companies to request documentation, repeatedly asking for the same information or making excessive requests for irrelevant documents may indicate a delay tactic.
What To Do if the Insurance Company Is Treating You Unfairly
If you believe your employer’s workers’ compensation insurance company is treating you unfairly, here are the steps to take;
- Maintain detailed records of all correspondence with the insurance company and payments (or lack thereof)
- Contact a workers’ comp attorney
An attorney can help determine if the insurer’s actions amount to bad faith and guide you through your legal options. On top of recovering your workers’ compensation benefits, you may have the option of filing a bad faith claim.
Contact Us for Legal Help
If you suspect bad faith in your workers’ compensation case, contact a skilled Vermont workers’ compensation attorney at Sluka Law today for help protecting your rights and exploring your legal options.
