Workers' Compensation Bad Faith
Our firm also handles workers’ compensation bad faith cases. An injured worker has the right to sue a workers’ compensation carrier in District Court if the workers’ compensation carrier denies the injured worker medical benefits, healing period benefits (lost wages) or permanent partial disability benefits without a reasonable or probable cause or excuse. The workers’ compensation carrier is required to prove a reasonable or probable cause or excuse for their denial, delay or termination of benefits. Any denial asserted by the employer and/or workers’ compensation carrier must be contemporaneously conveyed to the injured worker explaining the basis of their denial.
Spaulding, Berg & Schmidt have handled a number of workers’ compensation bad faith cases successfully, in addition to handling the underlying workers’ compensation case. Chris Spaulding has a verdict in the case of Buhmeyer v. Case New Holland, Inc., 446 F. Supp. 2d 1035 (S.D. Iowa 2006) where a Federal jury awarded both compensatory and punitive damages.
If an injured employee sustains a work-related injury and the employer and/or workers’ compensation carrier simply refuses to provide prompt and reasonable medical care and/or refuses to pay for mileage, healing period benefits or permanent partial disability benefits in a timely manner, you should speak with one of the attorneys at Spaulding, Berg & Schmidt about the possibility of pursuing a workers’ compensation bad faith case.