Can a workers comp insurance company be sued for bad faith? In Texas!?
Due to my employers WC insurance co. in Houston Texas my medical care has been ignored continually. I am totally mentally exhausted. My search for an attorney to help me is more than discouraging, The DWC, has been of no help at all. I am so desperately searching for an attorney with some compassion to please help me. I have accurate records of the whole 2 yrs/+ . I don’t have any money right now but I am certain this case with a smart attorney can win, I want the maximum I can get for the way I have been mistreated.
More Relevant Articles:
- can a company be sued under workman\s comp
- can an employer be sued for bad faith workers comp
- can workers comp be sued
- can workers compensation be sued
- can workmans comp be sued
- can workmans comp be suid for pain &
- michigans workers compensation good faith job search process
If you can’t find an attorney willing to take your case…that’s usually a pretty good sign you don’t have a very good case.
You can contact your local bar association and they will have a lawyer referral service. But if attorneys who advertise that they handle workers comp cases won’t touch your case….that means its probably a loser.
The response from mbrcatz is right on point. Based on the
information in your post, you have no “rights” to anything you are
suffering from. The WC Act/regs in TX are really pretty set, and
you shouldn’t need the services of an attorney. Benefits are
predetermined, and the dispute resolution process is spelled out.
You can read the WC Act here
http://www.statutes.legis.state.tx.us/SearchResults.aspx?CP=1&Code=LA&Phrase=408%20Workers%20Compensation.
Get to know what benefits are available, and more importantly, what
is not available to injured workers.
Yes, here in Texas, a workers comp insurance company CAN be sued for Bad Faith.
BUT. The only entity that they have a “good faith” obligation to, is the policyholder – which means, only your EMPLOYER can have a bad faith claim against them, NOT YOU, the employee.
If you are unable to find an attorney to take your case, it’s because you don’t have much of a case. I’m in Houston, and attorneys are HUNGRY here.
Having said that, YOU are in charge of your medical care. If you need medical care, get it. It’s not up to the insurance company to arrange for your medical care.
You might have a case – you might not. It depends on: 1. if they denied your claim 2. why they denied your claim 3. the nature of your injuries 4. exactly how the injuries occured and 5. what it is you want them to DO for you.
Some general comments about workers comp in Texas – if you test positive for drugs/alcohol at the time of injury, you don’t get paid. You don’t get paid anything for mental issues such as PTSD that you say came from the injury. And, of course, you only get lost wages and medical payments – there is no pain & suffering, with workers comp.
I recently read a very disturbing condition in the Herald Sun
newspaper. It had to do with a salesman who claims to have been a
victim of cyber bullying. Stalking in the workplace can take many
forms but this case is fascinating because it was carried out by
his boss via email.
Good job, the story is in reality the freshest on this precious
topic. I totally agree with your conclusions and will thirstily
look forward to your forthcoming updates. Just saying thanks will
not just be sufficient, for the phenomenal clarity in your writing.
I will immediately grab your rss feed to stay privy of any updates.
Genuine work and much success in your job!
for sure an interesting post of yours =)