Representing Clients Whose Workers' Compensation Claims Are Denied or Delayed in Bad Faith
The denial or delay of a workers' compensation claim can make life complicated for the injured worker. However, if the denial or delay was in bad faith, there may be additional compensation that must be paid to the injured worker.
At the Law Office of Stephen L. Weiss, our officeis dedicated to standing up for clients who have had their workers' compensation claim denied or delayed in bad faith. With our extensive experience in the area of workers' compensation, we are able to provide clients with the information they need and the representation they deserve when seeking payment on the delayed or denied claims. Contact our office today to learn more about how we handle bad faith claims.
If the Industrial Commission finds that bad faith or unfair claims processing has occurred, the Commission must award the injured worker a penalty of 25 percent of the benefits it finds are owing or $500, whichever is more.
Situations involving bad faith or unfair claims processing most often involve one or more of the following situations:
- Unreasonably failing to respond promptly to letters or phone calls
- Unreasonably delaying payment of compensation
- Unreasonably underpaying compensation
- Unreasonably terminating benefits
- Unreasonably interfering with an injured worker's right to choose his or her attending physician
- Unreasonably delaying authorization for medical treatment
Bad faith complaints are initiated by filing a written complaint with the Industrial Commission. In our experience, virtually all such complaints are denied. However, if this happens, the injured worker can request a hearing before an administrative law judge, at which time he can introduce evidence to try to persuade the judge to award a bad faith penalty.
Injured workers can also sue insurance carriers for bad faith in Superior Court. The advantage of doing this is that the recovery can be substantial. The disadvantage is that Superior Court litigation is time-consuming and expensive.
Contact us so we can learn more about your case to determine if you require legal assistance and to see if we can help you.
Law Office of Stephen L. Weiss
1001 N. Central Avenue
Suite 701
Phoenix, AZ 85004
Toll Free: (877) 380-5528
Phone: (602) 257-0200
Fax: (602) 257-1555