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Can I sue a workers comp insurance company?
Anonymous4 views3 answers
My husband has a workers comp case going right now. His lawyer submitted for a trial date. They cut him off in December of last year and we have been fighting since then. Finances have been very, very rough. Due to all this we have lost a lot, had to file bankruptcy. We are about to lose our house. I have four children to take care. I have been working two jobs to try to make ins-meat. Due to what the workers comp insurance company has pulled, which from what our attorney and many others have told this is what they do. I have lost my security clearance to work for the govt. I cannot get one for at least another 7 years. Which now means I cannot go back overseas to work or work for the government again for at least 7 years. I have lost the chance to make a lot of money going back to work ov
It sounds like you are going through a very difficult time with workers' compensation. If I understand you correctly, you already have an attorney. I would advise you to consult your attorney to determine who you may have a cause of action against. As a general rule, you cannot sue the Workers' Compensation Insurance carrier for bad faith. That has all but been eliminated in Texas. I wish you success in your trial.
Based on the facts that you have stated in your question, you do not have the right to sue the workers compensation carrier directly. It appears that the carrier is using all of the "legal" delays that they are entitled to make under the current system. It sounds like you already have a lawyer who is pushing as a hard as he can. If you do win at the contested case hearing then the carrier will have to reinstate benefits from December to current. Good luck.
You likely have no ability to sue an insurance company in this situation. You might talk with an attorney with experience in bad faith litigation but those are hard cases to make out. Texas recognizes those types of claims, but you would need to prove the principal claim under workers compensation first and then establish bad faith on the part of the insurance carrier.
