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

Asked over 1 year ago - 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. Christine C McCall


    Contributor Level 20


    Lawyers agree

    Answered . 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.... more
  2. Eugene Andre Ahtirski


    Contributor Level 14

    Answered . 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?

  3. Timothy John Broussard

    Contributor Level 12

    Answered . 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

    This email does not create an Attorney-Client relationship.
  4. David J. McCormick

    Contributor Level 20


    Lawyer agrees

    Answered . 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... more

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