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Bad Faith Claim
#1
I think I have more than a "Bad Faith Claim" against my employer. For starters, the employer has his posting for workers compensation info not displayed in a clear view for employees to see. The posting is located in an office where the employees do not work and it is also hidden behind the door of the managers office, which is always open, also a room employees are rarely able to be in. Employer is displaying the poster improperly and also does not carry workers comp insurance even though required to do so by the state of wisconsin, I found this out much later. When I got injured, i was hit by a "Drunk Driver" (3) times. No, not a miss typed statement. (3) times. To juice things up a bit, the driver was also not insured. I was driving a company vehicle. Upon notifying my employer about the accident and injuries, he states that he will not be accountable/assume any liability concerning my injuries and that I was not to file a claim with any insurance, that I was not authorized to do so. He said that I was to go after the guy that caused the accident. The employer bullied & threatened me. I had no health insurance and being afraid I was going to lose my job, which I couldnt afford to do, i kept working. This went on for 2 more months, then he terminated me probably thinking he was in the clear. Well then I decided to call someone at the WC agency. I gave name of employer, this is when I learned he had no work comp insurance. I also found out that the WC Agency had him under investigation for quite sometime already. For the UE Agency, he called me a "Quit", no call-no show. I'm leaving alot of things out here cause I could literally write a book on the pain & suffering this employer has caused me and my family. I think I also have a "Unreasonable Right To Rehire" case. Did I say that correctly? That statement looks funny to me. Now, are these claims I speak of handled in a different court setting other than before an ALJ at a WC hearing or are these issues addressed there also?
Any advise would be appreciated.
If you lost everything what would you be left with? If someone tried to steal your identity, would you know what to do?
 
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#2
This post has been deleted by Admin. ND, you make another post like this and you're off this board. We don't have time to babysit rude bigots here.
DOI July 2004 C5-6, C6-7
 
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#3
muscles

Sorry the previous poster seems to be rude to you.

Only your attorney can answer some of those questions as far as bad faith claim. My understanding is that is from denial of treatment in a timely manner or proper treatment for the injury. Maybe 1171 can shed more light on this for you.

It is good that you are learning the laws of your state so that your attorney doesn't take advantage of you when/if settlement talks begin. At least you will be ahead of the game.

Some states do prohibit the employer from firing an injured worker - however, since he terminated you prior to you filing the claim - not sure how that goes and since your unable to work then UE is not an issue at the moment.

Employers use tactics like don't file the claim we will handle the medical in house or use your own insurance and we will pay the co-pay alot of times to help keep their premiums low and show no loss time. In my own case - I kept working for over 2 yrs after my initial injury even though I had a doctor's statement saying that he could take me off work for 3 months but once he sent me back to work I would still be in pain - so he left me on light duty for 3 weeks then sent me back to full duty work. Way of the world - keep them working so they don't have loss days.

As far as the poster not being where it is suppose to be - well that is another story and I am sure that this guy will get what is coming to him in ways of a small fine - which is normally what happens. I think the company I worked for got fined $1000 for not filing my claim in a timely manner. So like the previous poster said - let the state worry about that - you don't need the added stress on that and I don't think that goes along with bad faith claims either.

Now I don't understand where the previous poster came up with some of his information - but you have been in the system for over 2 yrs and all you want is what all of us want - to get better or to the point of better that we all can be so you can move on with your life. Get your surgeries that need to be done, etc. We all know you don't get rich off work comp - it's actually the opposite - you become poor from the system. It's depressing fighting the IC and dealing with all the crap that comes from wc and stuff. I along with others can attest to that.

However, Seems to me what you need to concentrate on at this time is some of the things that the ALJ mentioned at the hearing along with getting better. It's a long road that is for sure. My case is settled yet I am still not healed - but I am as good as I will get it seems.
 
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#4
ND Work Comp help!.....that was not a very kind post in response to Muscles question. Please, be nice.
LillySmile
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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#5
Pooh Wrote:muscles

Sorry the previous poster seems to be rude to you.

Only your attorney can answer some of those questions as far as bad faith claim. My understanding is that is from denial of treatment in a timely manner or proper treatment for the injury. Maybe 1171 can shed more light on this for you.

It is good that you are learning the laws of your state so that your attorney doesn't take advantage of you when/if settlement talks begin. At least you will be ahead of the game.

Some states do prohibit the employer from firing an injured worker - however, since he terminated you prior to you filing the claim - not sure how that goes and since your unable to work then UE is not an issue at the moment.

Employers use tactics like don't file the claim we will handle the medical in house or use your own insurance and we will pay the co-pay alot of times to help keep their premiums low and show no loss time. In my own case - I kept working for over 2 yrs after my initial injury even though I had a doctor's statement saying that he could take me off work for 3 months but once he sent me back to work I would still be in pain - so he left me on light duty for 3 weeks then sent me back to full duty work. Way of the world - keep them working so they don't have loss days.

As far as the poster not being where it is suppose to be - well that is another story and I am sure that this guy will get what is coming to him in ways of a small fine - which is normally what happens. I think the company I worked for got fined $1000 for not filing my claim in a timely manner. So like the previous poster said - let the state worry about that - you don't need the added stress on that and I don't think that goes along with bad faith claims either.

Now I don't understand where the previous poster came up with some of his information - but you have been in the system for over 2 yrs and all you want is what all of us want - to get better or to the point of better that we all can be so you can move on with your life. Get your surgeries that need to be done, etc. We all know you don't get rich off work comp - it's actually the opposite - you become poor from the system. It's depressing fighting the IC and dealing with all the crap that comes from wc and stuff. I along with others can attest to that.

However, Seems to me what you need to concentrate on at this time is some of the things that the ALJ mentioned at the hearing along with getting better. It's a long road that is for sure. My case is settled yet I am still not healed - but I am as good as I will get it seems.
Hi Pooh, Again, thanks for taking the time to respond. Yes, that person (ND Work Comp help!) was just awfully rude to me. To bad, it seems he/she has a hateful/prejudice heart. "Another bad apple that fell to the ground, I guess". Anyways, I guess I am gonna have to fight back in my own way now. Its time to be stronger than I've been and take charge of me, not rely on ANYONE else, even my so called attorney, to protect #1 here. First, I will find out more on what my rights are when it comes to the third party claims. Oh, I wanted to mention that, yes, I have felt all along like I not only felt the need to go behind my attorney at times to make sure something got done, but also that I was the paperwork runner, just feeding my attorney to save money. But it just gets my goat having had done all this knowing that if I win my case, my attorney will get 20% of my claim when I've done alot of his ground work, ya know, sucks! THX 4 listening.
If you lost everything what would you be left with? If someone tried to steal your identity, would you know what to do?
 
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#6
Muscles, this post belongs in the IW forum, not here. I will be moving it.
 
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#7
Thanks Admin..............................
 
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#8
The term "Bad Faith" stems from the Insurance Code which specifies how a carrier is required to deal with those to whom it provides benefits. Since your employer was illegally uninsured technically there is no cause of action under Bad Faith provisions of the Insurance code.
If there were gounds for a bad faith claim it would be filed in civil court.
You can file for benefits with the Uninsured Employers Fund
http://oci.wi.gov/sm_emp/wc_uninsur.htm
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#9
Thank you admin !
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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