If you are injured at your workplace or because of someone else’s negligence, then sooner or later, you will have to deal with the at-fault person’s insurance company. Insurance companies tell their insurance workers several lies. By knowing about these lies, you already know that you won’t have to listen to them.
Here is a list of lies that you need to be mindful of when dealing with insurance adjusters.
Lie #1: Give Your Recorded Statement
A lot of times, when an employee is injured on their job, the insurance adjusters will tell them that they need to take their recorded statement. So, if you are told this lie by an insurance company, you know that you are not obliged by law to give a recorded statement. There is no such obligation in most states’ worker’s compensation acts, which means that you are not required to do so.
Also, if you are injured, you might want to talk to a good personal injury lawyer, such as the DiPiero Simmons McGinley & Bastress, PLLC, and ask them whether or not you are required to give a recorded statement.
Why Not Give Your Recorded Statement
The underlying concern is that the insurance adjuster might ask you a question or questions that they are legally entitled to ask you. They might withhold information that could hurt your case, or they may trick you into giving them information that could harm your settlement down the line.
Lie #2: You Must See the Company’s Doctor
If you have gotten injured while working, then your employee or the company’s insurance company might tell you that you must see a certain doctor that they have assigned to your case. Now, when you are injured in your workplace, your employer is supposed to have a panel of physicians available somewhere in the facility. Also, if you have gotten injured, you are legally entitled to choose a doctor of your choice from that list.
The company is not allowed to control or direct you to a specific healthcare professional on that list. You have the right to select a doctor and see them.
Lie #3: You Are Not Eligible For a Worker’s Comp Claim
If you have gotten injured and you report the injury the next day, the insurance company or the employer might tell you that you haven’t followed the procedure and that you aren’t eligible to file a claim with them anymore. Typically, you are supposed to report the injury within thirty days from the time you got injured.
Now, suppose you got hurt, and you tried to work through the injury – and you only report the injury a few weeks later. In this case, your employer might tell you that they weren’t aware that you got hurt. This aspect indicates that even though you don’t have to report the injury immediately – you must make it a point to report the injury as soon as possible.
Understand the Importance of Giving Due Notice
Suppose you have gotten injured and you told your supervisor or a colleague that this won’t count as a notice to your employer as you haven’t submitted a report. You must understand that reporting to a co-worker isn’t enough. We encourage you to talk to a supervisor instead of relying on words. Later, you can jot down the details about when you spoke to your supervisor and where exactly you were when you spoke to the person.
Also, take notes of what exactly you told them and keep that written record to yourself, as you might need to refer to it later.
Lie #4: You Can File A Claim Only After Having Worked a Certain Time
The truth is that you might work somewhere for a minute and still file a claim if you sustain an injury while at work due to someone else’s negligence. This aspect indicates that there is no time requirement for how long you have to work for your employer. You can get worker’s comp benefits as well as a settlement.
On that note, even if the employer tells you that there is a time requirement – you must know that it is a lie and hire an attorney right away who will help you protect your interest.
Lie #5: You Must Get Back to Work After Receiving Workers Comp Benefits
Your employer or the insurance company might tell you that you have to get back to work after you have received workers’ compensation benefits. However, this isn’t necessarily true. In order for you to get back to work, if you are receiving worker’s comp benefits at the moment and you are not authorized to work by the physician who is treating you – there are very specific procedures to be followed.
To return to work, your doctor must sign off the work restrictions and provide you a notice of ten days about when they want you to return to work.
The Employer Will Have to Pay You Benefits Even After Your Termination
If you are receiving weekly worker’s compensation benefits, it is a mistake to show up at work when your employer tells you they have a task for you and that you are supposed to get back to work. It is important to mention here that the rule doesn’t change even if your employer tells you that they will fire you if you don’t return to work.
If your employer hasn’t followed the proper procedure and they end up firing you because you aren’t returning to work, then there will be ramifications. The thing is that if you are fired in this scenario, then you are essentially fired for your work-related injury. Your employer is not in a position to suspend your benefits based on your termination.
Even if you do get fired, you will keep getting your worker’s compensation.
Final Thoughts
There are also situations where insurance companies deny compensation based on the claim that you are dealing with a pre-existing injury. However, your lawyer will tell you otherwise because having a pre-existing injury to the same body part that got injured doesn’t mean that you aren’t eligible for worker’s comp benefits.
