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Question for Attorney Timothy Belt. Also, information about Bad Faith Insurance, etc
#1
Tim,
Is it possible, without a doubt, that an Injured Worker can sue (separate suit) their employer's Workers' Comp Insurance Carrier for Bad Faith Practice? Particularly when the Insurance Carrier's own doctor documents, e.g, "This patient suffered undue additional physical and emotional damages as a result of delayed treatment caused solely by the insurance carrier's reluctance to approve warranted and necessary medical procedures as previously detailed by my office and others".

Below is informative reading for you and all who see this post. Click on the side pane, also. It's a lot of literature---so I hope everyone has a day or so supply of coffee!Wink I'm still reading, myself.

http://www.badfaithinsurance.org/badfaith_faq.html
 
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#2
I just printed the bad faith insurance...Oh my goodness this is definately a option I will look into...thank you Wink and Tim...this made my day....I'm glad I came back
 
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#3
Tim;

I was trying to find the Illinois statue regarding the general public etc...My attorney stated that since it happened on a stairway and something pertaining to the general public use...(I didn't quite understand what he was getting at) that it is hard to prove the case and was one of the reasons I was denied WC...but the stairway I fell up is exclusive to employees only...dimly lit and in need of some repairs (the bldg was built in 1934) our bldg has never been renovated or updated...it is the original police station...just patch work ever done...can I get your opinion..Thanks
 
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#4
are you sure your attorney is working for you or the city? is the attorney in the same city by chance as you were injured in? One thing I learned was never get an attorney in the city you were injured in especially if it's a smaller town.

As for being a stairway that is used by employees only - that may be simple to prove - most ppl have cell phones with camera capabilities these days - any way you can get a picture of the stairway and then print it off?

As for police departments not up to date - I bet there are many across the nation that aren't up to date or even up to standards. The one I worked at prior to them moving to their new building this year (an old warehouse but it's a better building trust me) had mold growing in it and it doubled as the volunteer fire department as well. Plus when it rained we would have to bail out the station ........ because of it flooding - why anyone would put the entrance way the way they did is beyond me so that the water ran down the hill directly in door. Good thing I worked 3rd and we didn't get many calls other than when the electricity went out around the town..... lol
 
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#5
Wink.....Thanks soooo much for the link...as I searched unfruitfully most of yesterday afternoon looking for the exact info you supplied!
WC is suddenly withholding my normal pain medicine.... and I believe 1171 suggested a bad faith claim so I attempted to research.....but now IC states they never received a call from pharmacy to authorize my refills ( 5 times they canceled!). I know this is BS...lawyer knows too...but IC is practiced in torture! If the lawyer can't get ahold of her on the phone....how the heck is the pharmacy suppose to connect w/her? Guess we'll see how this plays out....in the meantime, I suffer.
Thanks again, LillyBig Grin
Injured worker, & tired of it all! I'm too old for games!!

A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
 
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#6
I am not aware of any cases in PA where an injured worker successfully sued the i/c on a theory of bad faith. I would first point out that the injured worker is not the insured/policyholder. The employer is the insured/policyholder. In addition, at least in PA, WC is an exclusive remedy for a work injury. You can pursue penalties and attorney's fees from the i/c for failing to pay claims in a timely manner, but this is done within the WC system and not as a separate civil action.

I am aware of a successful case by an injured worker against the vocational expert for negligence and intentional infliction of emotional distress. In that particular case, the actions of the vocational expert was found to be so outrageous that it could not properly be classified as related to the work injury, so the exclusivity provisions of the workers' compensation act did not apply.

I am also aware of a successful class action in Florida against an i/c in regard to its requirement that injured workers resign their employment as part of a WC settlement. As I recall, and I haven't read the decision in some time, the judge reasoned that since the WC act did not place a resignation requirement as part of a settlement, the i/c insistence on a resignation illegally interfered with the injured workers right to receive WC benefits.

The bottom-line is that it is difficult to pursue a case against an i/c outside of the WC arena if the i/c's actions can be in anyway construed as management of the WC file.

Rhedke, I read your post, but I am not sure what you are asking. If you were on the stairway in the course and scope of your employment when you were injured, you should be entitled to WC benefits. If the building was owned by a third party, and negligence can be shown in the care and upkeep of the stairway, you may have a separate claim against the building owner. If your lawyer does not see a claim, you should seek out a second opinion. I do not claim to be an expert on the law in your state, but at least in PA, if you are injured in the course and scope of your employment, you have a potential claim for WC benefits.
 
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#7
Pooh,
I have pictures of the stairway....at least 4 that are in the possesion of my attorney...it shows the 4th stair with damage...my attorney pointed out that the Officers report (the one the Chief said he was not going to use, because he told me I was to write my own report)states that I tripped on the 5th stair down, not the 4th and that is the reason WC says they don't have to pay....I guess they will say anything won't they.....
Tim,
thank you for replying I thought the same that an injury is an injury...but my attorney says there is some statue in Illinois, I can't find it stating (this is just my interpetation of what he told me on the phone) that any area subject to the passage of the general public falls and injures themselves WC does not have to honor the claim) I told my attorney it has never been accessable to the public (employees only) and he said it didn't matter....I think he is on their side....I'm at a loss here...
 
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#8
so since the city owns the building they are liable - but doesn't the city also pay the police?
 
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#9
You need to get a second opinion. You might want to talk to a lawyer a few towns over and see what he/she says.
 
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#10
or file a tort claim agaist the city?
........I love cats, I just cant eat a whole one by myself......







 
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