Q Should I give a recorded statement to the insurance company adjuster in my workers’ compensation case?
If you are injured at work, you may have to file a workers’ compensation claim. If you do, your case will most likely be assigned to an insurance adjuster for your employer’s insurance company. He may sound like a nice person on the phone who is really concerned about your injuries. So if he asks you to give a recorded statement, you may be inclined to agree to it. However, you do not want to do this. You could give the adjuster ammunition to deny your claim.
Four Reasons Not to Agree to a Recorded Statement
Even if the adjuster is really a nice person, his job is to deny your claim or pay you as little as possible. Insurance companies do sneaky things like having a private investigator follow you around to try to videotape you engaging in activities inconsistent with your injuries. Here’s why you do not want to give a recorded statement:
- You are not required to give a recorded statement under Idaho’s workers’ compensation law.
- You could inadvertently say something that would hurt your case, such as minimizing your damages or bringing into question whether your injury was work-related—a requirement to obtaining benefits.
- The insurance adjuster is experienced in getting accident victims to say things they did not mean or that the insurance adjuster can twist around to strengthen the employer’s case against the worker.
- Your recorded statement can be used against you in your workers’ compensation case. It will be recorded, and a transcript of everything you said would be produced.
You should consult with an experienced workers’ compensation attorney before giving a recorded statement if at all possible. If you have already given a statement, you should let your attorney know this, but do not let it stop you from pursuing the workers’ compensation benefits you could be entitled to. Call me at 888.716.8021 for a free consultation to learn how I can help you.