Bad Faith Workers’ Compensation

Trusted Legal Counsel in Kansas City

Workers' compensation is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of employment. While this system is primarily designed to protect workers, there are instances where insurance companies or employers may act in 'bad faith', denying rightful claims or delaying payments. This article aims to provide an informative understanding of bad faith workers' compensation.

If you believe you have a bad faith workers’ compensation claim, call our Kansas City attorneys at (913) 815-1347.

Understanding Bad Faith

In the context of workers' compensation, 'bad faith' refers to actions taken by the insurance company or employer that are dishonest, deceitful, or carried out with the intent to deny an employee their rightful benefits. Such actions can include undue delays in processing claims, unreasonable denial of claims, failure to conduct an adequate investigation, or misrepresentation of the law.

Examples of Bad Faith Practices

The following are some common examples of bad faith practices in workers' compensation:

• Unreasonable Denial: This occurs when an insurer outright denies a claim without any reasonable basis for doing so.
• Delay Tactics: Insurers may unnecessarily delay processing claims or making payments, causing financial distress and hardship for the injured worker.
• Insufficient Investigation: An insurer fails to properly investigate a claim before denying it.
• Misrepresentation: An insurer misrepresents policy details, laws, or facts to avoid paying a claim.

Legal Recourse

If an employee believes they are a victim of bad faith practices, they have the right to take legal action against the insurance company or employer.

Laws vary by state, but generally, such a lawsuit would need to prove that:

• The insurer had no reasonable basis to deny the claim, and
• The insurer knew or recklessly disregarded the fact that there was no reasonable basis for denial.

Successful bad faith lawsuits can result in recovery of the original claim amount, plus additional damages for emotional stress, attorney's fees, and in some cases, punitive damages.

Why Haight Stang, LLC is Your Best Choice for Workers Compensation Claims

At Haight Stang, LLC, we are committed to providing our clients with the best legal representation for their workers compensation claims. We understand the financial and emotional toll that workplace injuries can take on individuals and their families. That's why we work tirelessly to ensure that our clients receive the compensation they deserve.

Here are some reasons why we stand out from other workers compensation law firms:

• Experience: Our attorneys have years of experience in handling workers compensation cases and have a proven track record of success.
• Personalized attention: We believe in providing individual attention to each of our clients. We take the time to understand their unique circumstances and tailor our legal strategies accordingly.
• Transparent communication: We keep our clients informed throughout the entire legal process, including any updates or changes in their case.
• No upfront fees: We work on a contingency fee basis, which means that our clients only pay us if we win their case.
• Compassionate approach: We understand that dealing with a workplace injury can be overwhelming. That's why we approach each case with empathy and compassion, providing our clients with the support they need.

If you or a loved one has suffered a workplace injury, trust Haight Stang, LLC to fight for your rights. Contact us today to schedule a free consultation.

Entrust Your Case to a Qualified

Bad faith workers' compensation practices can have devastating effects on injured workers who are merely seeking the benefits they are entitled to. Understanding your rights and being vigilant about potential bad faith practices is crucial. If you suspect that you are a victim of such practices, seeking legal counsel is highly advisable.

If you believe your employer has acted in bad faith and denied workers’ compensation, contact our Kansas City attorneys.