Comments on: Can a workers comp insurance company be sued for bad faith? In Texas!?

By: Divorce

Divorce — Wed, 28 Jul 2010 03:02:25 +0000

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By: Shaunte Febbraio

Shaunte Febbraio — Sat, 20 Mar 2010 06:06:41 +0000

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By: mbrcatz

mbrcatz — Wed, 10 Mar 2010 15:18:05 +0000

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.

By: anon

anon — Wed, 10 Mar 2010 15:16:26 +0000

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.

By: MSAD

MSAD — Wed, 10 Mar 2010 14:51:33 +0000

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.