bad faith practices

[kellyjean]

What is the name of your state (only U.S. law)? Iowa
I have an accumulative injury from my job as a painter. I have 6 doctors that will back that up. Where I am having my problem is that my employer never reported it to workmen's comp. so now they are saying I didn't report it in the time aloud. However I kept my employer informed from the very beginning. Now even if what they say is true (which it is not) and we were to go by the date of my EMG test which was positive confirmation of my injury I was within the 90 days. So the bad faith comes in first from the employer for not reporting it as they are required to by law. And secondly the insurance company for denying that I was within the 90 day limit. at this point I can't even get the necessary medical treatment because I have not reached maximum healing and I can't pay for the treatments myself but I can't reach max healing without the treatments. Do I have a bad faith lawsuit against no only the INS, company but my employer also?

[Zigner]

Originally Posted by kellyjean

What is the name of your state (only U.S. law)? Iowa
I have an accumulative injury from my job as a painter. I have 6 doctors that will back that up. Where I am having my problem is that my employer never reported it to workmen's comp. so now they are saying I didn't report it in the time aloud. However I kept my employer informed from the very beginning. Now even if what they say is true (which it is not) and we were to go by the date of my EMG test which was positive confirmation of my injury I was within the 90 days. So the bad faith comes in first from the employer for not reporting it as they are required to by law. And secondly the insurance company for denying that I was within the 90 day limit. at this point I can't even get the necessary medical treatment because I have not reached maximum healing and I can't pay for the treatments myself but I can't reach max healing without the treatments. Do I have a bad faith lawsuit against no only the INS, company but my employer also?

Seek a consultation with a WC attorney in your area. You should be able to get a free consultation, and it's likely you can find one who will take your case on a contingency basis if you have a good case.

[james8522]

You cannot get the insurance. There seems no chance.

[bamboozled]

Florida gives you 90 days to report an injury @ work? Are you sure? Usually it is 72 hours from the time of the injury. Your employer should have filled out the accident report right away. If you remember the date, then call your local WC Commission and request a hearing and bring all your medical documents from all the doctors. The commissioner can rule on this one and it seems ligit, since you already sought treatment~ Also, get a copy of the Comp laws in your state. The book is rather thin and it's pretty basic. If you can read, you realy do not need an attorney. I had a ruptured disc and a surgury. I was jerked around royally and I got the book and went to my hearings alone, but I wrote down the laws applicable to what happened. Look in the back of the book and find the law that fits your issue~