In Iowa, understanding the process of filing for workers' compensation benefits is crucial for those who have been injured on the job. Read to learn more.

Navigating the SSA system and accessing available benefits for your child can be complicated and stressful. Read about how a lawyer can help in this blog.

On Behalf of Schott Mauss & Associates, PLLC | Bad Faith Claims If you’ve been injured on the job in Iowa, then you’re probably finding yourself overwhelmed. You might be struggling to ease your pain, and it might be worrisome to say the least to think that you’ll no longer have an income on which to support yourself and your family. Of course, you might take relief in the fact that you might be entitled to workers’ compensation benefits, but what happens when an insurance company keeps brushing you off to avoid paying out? If this happens, you shouldn’t continue to sit back and wait for the money to which you are entitled. In fact, you may be able to pursue a bad faith claim . Under the law, insurance companies are supposed to act in good faith and act reasonably when it comes to processing claims. When insurance companies act unreasonably and fail to pay benefits , then a bad faith claim may be justified. Generally speaking, to prove a bad faith claim you have to meet two legal elements. The first is that your claim for benefits was valid despite the claim being denied. Second, you must show that the reason why the benefits are being withheld is unreasonable. This usually requires an intentional bad act on the part of the insurance company, such as misrepresenting facts, failing to explain reasons for claim denials and failing to have reasonable standards related to the investigation of claims. Bad faith claim lawsuits can be quite challenging. It is often difficult to prove intentional wrongdoing, and insurance companies are often represented by teams of experienced and aggressive attorneys. This shouldn’t frighten you into inaction, though. Instead, it should motivate you to find the help you need to fight for what you deserve.

On Behalf of Schott Mauss & Associates, PLLC | Bad Faith Claims Being injured on the job is no small thing. It can leave you with extensive pain that can last for weeks or months, and it can leave you facing financial uncertainty as you struggle to find a way to pay medical expenses and make up for lost wages. This is where a workers’ compensation claim should help. Sadly, far too many Iowa residents find themselves struggling to work with their employer and their employer’s workers’ compensation insurer. This can cause claims to stagnate and financial uncertainty to grow. The good news is that an injured worker may be justified in taking legal action against these parties when those parties are acting in bad faith. As we discussed previously on our blog, a bad faith claim can be successful if it can be shown that the initial claim was likely to be successful and the reasons for withholding the benefits is unreasonable. But how do you figure out what is unreasonable? It helps to look at some examples. Obviously, unreasonable delays can constitute bad faith . Generally, claims should be assessed within 60 days. Sometimes employers and insurance companies misstate the law or engage in deceptive practices. Other times insurance companies simply refuse to pay valid claims, or they make threatening statements to avoid a claim being filed. Each of these acts could serve as the basis for a bad faith claim. If you’ve been injured on the job while performing your job duties, then you may be entitled to pursue workers’ compensation benefits. When employers and insurance companies illegally interfere with these benefits, additional legal action may be justified. To learn more about this area of the law and how it might apply to your situation, consider discussing the matter with a professional.

On Behalf of Schott Mauss & Associates, PLLC | Bad Faith Claims Individuals who work in Iowa shouldn’t have to fear for their financial stability in the event of a workplace injury. After all, most employers are required by law to carry workers’ compensation insurance. This means that those who are hurt while performing their job duties should be able to secure workers’ compensation benefits in a timely fashion to help offset their lost wages and medical expenses. Yet, far too often insurance companies delay paying out on valid claims. For many injured workers, these delays can be financially devastating. They may be put at risk of losing their home and vehicles, and their medical bills may wind up in collections. It may even be challenging for these workers to put food on the table. Some are even forced to turn to high interest loans to make ends meet, which, in turn, can initiate a debt spiral that is difficult to escape from. Fortunately, legal action can be taken against insurance companies that mishandle claims. Known as bad faith claims, there are many facts that can give rise to this type of legal action. However, each of these factual situations generally result in the breach of some duty owed to a worker. These duties typically include the duty to investigate the claim. In conjunction with that, insurance companies should provide a reason why a claim is denied, and the determination of a claim cannot be unreasonably withheld . So, Iowans who have been injured on the job need not sit back and accept whatever an insurance company offers them. Instead, they can be proactive in the claims process by trying to understand the insurance company’s actions or inactions. Those who feel that their benefits are being unreasonably withheld or denied without reason, including inadequate investigation of the claim, may have a successful bad faith claim .

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