Skip to main content

Can a "bad faith" lawsuit be filed against a WC Insurer? If so, would it be difficult to obtain legal representation?

Ladera Ranch, CA |

WC IC/CA has acted in bad faith numerous times throughout the claim process. Is there any recourse??

Attorney Answers 4


  1. WC is a very specialized area, and without a full analysis of all facts and circumstances, it is impossible to address your question accurately. You really need to speak with to a WC applicant's attorney ASAP to assist you! I truly wish you the best of luck! As an aside, if you found my direction helpful, and if you feel appropriate; could you be so kind as to designate my answer as the “best” answer to your question?


  2. Have you asked your attorney about this? No one should be attempting to navigate the CA Work Comp process without legal counsel.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  3. You need a worker’s comp. attorney ASAP.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. No. The Exclusive Jurisdication laws of Worker's Compensation would likely protect a carrier (which are only a few in California). It also protects against suiing the employer. The relationship between a WC carrier and the applicant employer are naturally adversarial. Also, I am not sure there is a first party relationship to allow this as the insured is the employer. I agree with the other counsel. Your WC is likely in Orange County. So, look for an applicant attorney in OC or South Orange County.

    Tim Broussard
    949-261-7700
    tbroussard@kringandchung.com

    This email does not create an Attorney-Client relationship.