New York Worker's Compensation - Help For Injured New York Workers

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  1. #1
    Join Date
    Jan 2011
    Location
    eastern Pa
    Posts
    54

    Default Can You Sue a Workers Comp Insurance Company

    My workers compensation claim was made in the State of: NY

    Is it possible to file a lawsuit against the Insurance Company?? They seem they can do anything they want because in the long run they win out..Or is it they have the States behind them..They don't care about the IW other than to see how much money they can save..They try to beat the IW down,don't care about the IW's finances..How many times I have read where someone on WC loses their home ,put's stress on the marriage to lead to a divorce..I don't believe that the IW came to work one day and planned to get hurt..leading to a life of misery..There must be somewhere where something could be done to put these IC's back in place as it seems all their adjusters want to do is play God..Frustrated..Anyway Happy Thanksgiving to all the IW's and WC lawyers on here...

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Insurance Company Practices

    yes, possible but not practical.
    generally the damages are not high enough to warrant the attorney fee that would be needed to offset the amount of legal time and resources it takes. that's why bad faith civil suites are rare.

    it's the employer/carrier $$ and they hang on to them tenaciously

    most states have a fraud filing system usually involving a commission or the local District Atty.
    also the department of insurance handles complaints as carriers have to be licensed to sell insurance within the state.

    you should have penalty awards to show you have used the comp system initially.
    if the comp system doesn't see a penalty it's difficult for other jurisdictions to say there is one.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Insurance Company Practices

    They don't care about the IW other than to see how much money they can save..They try to beat the IW down,don't care about the IW's finances..How many times I have read where someone on WC loses their home ,put's stress on the marriage to lead to a divorce..I don't believe that the IW came to work one day and planned to get hurt..leading to a life of misery..
    It's not your/IW insurance... the ER is covered for financial exposure, not the employee/IW.
    There is no reason for the carrier to "care" about the IW.
    Its' not their business IW's live paycheck to paycheck.
    The ER/IC's are not doing anything wrong, but for those actions the IW does not agree with.

    The WC carrier protects the ER interests just like your IC protects yours in the event of accident, whether auto, home, or health losses. You pay those premiumes, you dont' pay for WC.

  4. #4
    Join Date
    Jan 2011
    Location
    eastern Pa
    Posts
    54

    Default Re: Insurance Company Practices

    Quote Quoting BvIA View Post
    It's not your/IW insurance... the ER is covered for financial exposure, not the employee/IW.
    There is no reason for the carrier to "care" about the IW.
    Its' not their business IW's live paycheck to paycheck.
    The ER/IC's are not doing anything wrong, but for those actions the IW does not agree with.

    The WC carrier protects the ER interests just like your IC protects yours in the event of accident, whether auto, home, or health losses. You pay those premiumes, you dont' pay for WC.
    I do know that the IC represents the employer..I do know that the IC is there to save every penny they can for the employer..I do know how the system works..What I wanted to know is as a injured employee can I file suit against the IC as I know that they follow the law to the "T"" but it didn't always help me get back to normal in fact it kinda of delayed it because of the delay tactics.. When I first went on WC the first adjuster was actually very good and helpful..Then after time I got a different adjuster and everything went downhill..Like I said before I am just getting frustrated trying to stay one step ahead from the poor house..

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Insurance Company Practices

    Quote Quoting mulder View Post
    I do know that the IC represents the employer..I do know that the IC is there to save every penny they can for the employer..I do know how the system works..What I wanted to know is as a injured employee can I file suit against the IC as I know that they follow the law to the "T"" but it didn't always help me get back to normal in fact it kinda of delayed it because of the delay tactics.. When I first went on WC the first adjuster was actually very good and helpful..Then after time I got a different adjuster and everything went downhill..Like I said before I am just getting frustrated trying to stay one step ahead from the poor house..
    The carrier has the right to deny, and seek a second opinion on any treatment your PTP recommends. Techically IW's don't have "rights" to coverage, as the ER is the covered entity, IW's have access to benefits, reasonable/necessary medical care.

    It would be highly unlikely you would ever see a successful suit in civil court for the reasons you outline. Or, that you would even see an atty take such a case.
    Filing the claim for WC benefits is generally the exclusive remedy.

  6. #6
    Join Date
    Jan 2011
    Location
    eastern Pa
    Posts
    54

    Default Re: Insurance Company Practices

    It seems that some attorneys do not want to push the cart as they never know when they will have to ask for a favor..My problem is that the IC doc and my doc agree and the IC still doesn't like the outcome..Just wondering on just how long they can keep this going..Getting one answer from WC and different answers from my attorney..

  7. #7
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Insurance Company Practices

    the comp law doesn't have a time limit.

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