Workers Compensation Bad Faith
Article: Suing For Bad Faith in AZ Workers’ Comp Cases May Open Other Doors
Many states don’t allow employees to sue insurance companies for bad faith in workers’ compensation cases. Arizona does allow it, so why don’t more people sue for bad faith when they have the opportunity?
To find out, we asked Charles Surrano, an Arizona attorney with 30 years experience and member of the Advocate Law Group network who specializes in bad faith litigation, and disability claims against insurance companies. According to Surrano, “They don’t know any better and often times the attorneys who practice in the arena of workers’ compensation don’t understand bad faith or the Superior Court process. There are entirely different rules that apply to Superior Court versus the Industrial Commission. The attorneys who practice workers’ compensation for a living only know the rules that apply to the Industrial Commission.”
“They feel comfortable at the Industrial Commission and often don’t feel comfortable practicing out of their element. So, a lot of these cases that have merit in terms of bad faith claims against insurance companies, never really make it out of the Industrial Commission because people either don’t know any better or their attorneys are intimidated by the thought of practicing in a different venue.”
Do’s & Don’ts
What should an injured worker do if their insurance company wrongly denies a valid workers’ compensation claim? More importantly, what shouldn’t they do? Surrano provided the following answers:
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