Colorado Bad Faith LawSuits - Your Rights

What are some other scenarios where a Colorado bad faith suit is called for?

Misleading an injured worker isn't the only instance where an insurance company can be sued for bad faith conduct. Other situations that justify a bad faith lawsuit include:

  • A Colorado workers' compensation insurer makes a decision contrary to what their investigation(s) reveals
  • Failing to timely investigate a workers' compensation claim
  • Contradicting established claim practices
  • Hiding or manipulating evidence that supports an injured workers' claim or request for benefits
  • Dictating what medical care will be provided to an injured workers' treating medical providers
  • Cutting off benefits in violation of Colorado workers' compensation law
  • Intentionally delaying the payment of benefits the insurer knows are due

Who would argue my case in a Colorado bad faith insurance lawsuit?

If you're working with a Colorado workers' compensation attorney to obtain your needed benefits and you'll discover the insurer is acting in bad faith, another licensed attorney from either within or outside of the workers' comp attorney's firm will have to come in and co-counsel the bad faith case.

Rules in Colorado governing how attorneys are supposed conduct themselves professionally, known as the Rules of Professional Conduct, clearly state that an attorney cannot advocate on someone's behalf if they're a "necessary witness" in a case.

Chances are your Colorado workers' compensation attorney will serve as your primary witness in a bad faith lawsuit. They will have the necessary experience and knowledge to clearly explain why they believe the insurance company acted in bad faith. Under professional conduct rules, he or she cannot fully represent you in both cases and argue on your behalf.

Even if you don't have the first problem in obtaining your workers' compensation benefits in Colorado, you go on thinking that your employer and their Colorado workers' compensation insurer would act with honesty and integrity.

Sometimes, that just isn't the case as workers' compensation insurers can sometimes mislead claimants and abrogate their lawful requirements. Bad faith lawsuits give you a way to hold them responsible for their nefarious action and compensate you for both economic and non-economic damages stemming from your situation.

Next Chapter: Resolving Workers Compensation Disputes

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