Most workers’ compensation cases run smoothly and are very routine.
Every now and then, we end up with a case where a workers’ compensation insurance company is acting in bad faith. When you see signs of this happening to you, it’s time to involve a New Jersey workers’ compensation attorney.
Here are seven signs to look out for.
#1) Unreasonable Delays
There is a short delay period for temporary disability payouts known as the “waiting week.” That’s the first seven days of your disability period. The Department of Labor holds that first payment until your unpaid leave continues for a total of 22 days or more. Once you meet that 22-day cut-off, you receive a retroactive payout for the first seven days.
If you don’t get your benefits on the second week, or if your workers’ compensation insurer refuses to pay your doctor bills promptly, the insurer may delay your payments in the hopes of somehow undermining your claim.
#2) Denying Legitimate Claims
Is your insurer making false accusations, trying to claim you weren’t injured at work, or spinning a story that has nothing to do with the incident report you submitted?
They may deny claims to see if they can make you give up and go away. This often happens in severe injury cases where the claim is especially expensive.
#3) Denying Requests for Necessary Medical Care
We all know that a doctor’s definition of “medically necessary care” and an insurance company’s don’t always align.
Nevertheless, if you are trying to get treatment that you and your doctor agree that you need, it’s probably time to involve an attorney. You’ll need help with the appeal, and you’ll need help fighting with the insurance company.
Remember, workers’ compensation insurance companies are for-profit companies. They’re going to do anything in their power to avoid paying you. They want you to receive the bare minimum of care, even if that is not the care that is right for you.
#4) Lack of Communication
If your workers’ compensation company starts stonewalling you, it’s time to involve a lawyer.
Have they stopped answering your calls, emails, and letters?
It’s time to call us.
#5) Excessive Documentation Requests
While requiring some documentation is reasonable, insurance companies trying to act in bad faith will often ask for increasingly obscure documentation. Some of it may not even be possible to find or send.
They’re not being reasonable and don’t need the documents they keep asking for.
#6) Paying Less than the Approved Amount
If you know you’re entitled to a certain amount of money and you receive far less, give the insurance company one chance to correct the problem.
If it happens again, call a lawyer.
#7) Threats and Intimidation
Sometimes, workers’ compensation companies or employers turn downright nasty when you try to file a claim or assert your rights.
Know that threats and retaliation are illegal, and it’s time to call a lawyer.
Get Help Today
We hope your workers’ compensation case runs smoothly.
If it doesn’t, schedule a free consultation with our office.