- September 16, 2024
When you’re injured on the job, workers’ compensation should provide financial relief to cover medical expenses and lost wages. Unfortunately, the process is often not as straightforward as it should be. Insurance companies commonly use delay tactics to avoid or minimize payouts, leaving injured workers frustrated and financially vulnerable.
Understanding these tactics can help you navigate the claims process more effectively and ensure you receive the benefits you’re entitled to. Working with an experienced Atlanta workers’ compensation lawyer is crucial in overcoming these obstacles and protecting your rights.
In this blog, we will explore five of the most common workers’ comp delay tactics and how to counter them.
1. Slow or Unresponsive Communication
One of the most common delay tactics in workers’ compensation claims is a lack of communication from the insurance adjuster. Adjusters may fail to return phone calls, or emails, or simply take an extended time to respond. This behavior often leaves claimants in the dark about the status of their case, creating confusion and uncertainty.
Goal of the Delay Tactic
The primary aim of slow or unresponsive communication by insurance adjusters is to frustrate and wear down injured workers. By drawing out the claims process, the insurance company hopes you will give up on pursuing your full benefits or accept a lower settlement. The delays can feel endless, adding unnecessary stress to an already difficult situation.
How to Respond
It’s important to remain proactive when facing this delay tactic. Document every attempt you make to communicate with the insurance company, including the date, time, and method of contact. Keep records of emails and phone calls, and note the names of individuals you speak with. If communication remains slow, consult an attorney who can help escalate the issue and push for a timely resolution of your claim.
2. Requesting Repeated or Unnecessary Information
A common delay tactic used by insurance companies in a workers comp claim is to request information from the claimant piece by piece, rather than all at once. While some requests may seem necessary, this method often slows down the claims process and can frustrate injured workers trying to move their cases forward.
Goal of the Delay Tactic
The insurance company’s goal here is to delay the approval of your claim by continuously asking for additional documentation. They may already have the information they need, but by requesting it in small portions over time, they stretch out the timeline, hoping you’ll become discouraged or make a mistake in providing the required paperwork.
How to Respond
To counter this tactic, be proactive and provide all relevant documentation up front whenever possible. Keep copies of everything you submit, and track the dates you send information. If the requests seem excessive or repetitive, consult with an attorney to ensure that the insurance company is not intentionally trying to slow down the process. An attorney can help push back on unnecessary demands and expedite the handling of your claim.
3. Delaying Medical Authorizations or Payments
One of the most stressful delay tactics in workers’ compensation claims is when insurance companies delay authorizing necessary medical treatment or payments for services already rendered. This can directly impact an injured worker’s recovery and financial stability, creating unnecessary hardship due to unpaid medical bills.
Goal of the Delay Tactic
The insurance company’s objective is to minimize costs by delaying treatment or payments. By stalling, they hope the claimant will either forgo necessary medical care or settle for less than they are owed. This delay can cause significant frustration as workers wait for essential medical procedures or face financial pressure to cover bills that should be covered by workers’ compensation.
How to Respond
When facing delays in medical authorizations or payments, consistent follow-up is key. Document each request for authorization, and keep records of all communication with the insurance company. If delays persist, consult with an experienced workers’ compensation attorney. An attorney can intervene, pushing for the approval of treatment or payment and ensuring that your rights are protected during the claims process.
4. Pressuring for a Recorded or Written Statement
Insurance companies often employ workers’ compensation delay tactics, such as requesting that injured workers provide a recorded or written statement as part of their workers’ compensation claim. While this might seem like a routine part of the process, it is frequently used as a tactic to undermine your claim.
Goal of the Delay Tactic
The goal of pressuring claimants for a recorded or written statement is to create opportunities for the insurance company to misinterpret or twist your words. They may use your statement to cast doubt on how the injury occurred or question the severity of your condition. Any inconsistencies or unintended admissions could be used to delay or deny your claim entirely.
How to Respond
You must avoid providing a recorded or written statement without first consulting with a workers’ compensation attorney. An attorney can guide you through the process, ensuring that you do not inadvertently harm your claim. Remember, you are not legally obligated to provide a statement beyond the initial claim report, and an attorney can help protect your rights if the insurer insists on this tactic.
5. Offering a Light-Duty Job
Workers’ compensation insurance companies or employers may offer an injured worker a light-duty position as part of the workers’ compensation process. While this can seem like a reasonable option to return to work while still recovering, it often serves as a tactic to reduce or deny workers’ compensation benefits.
Goal of the Delay Tactic
The primary goal behind offering a light-duty job is to argue that your injury is not as severe as claimed. By returning to any form of work, the insurer may suggest that you are capable of performing tasks, which they can use to reduce your benefits or delay the approval of full compensation. This tactic is often employed to save costs while minimizing the perception of your injury’s impact.
How to Respond
Before accepting any light-duty job, consult with both your doctor and a workers’ compensation attorney. Your doctor can confirm whether the light-duty work is appropriate for your recovery, while an attorney can help you understand the potential impact on your benefits. Failing to carefully consider this offer can jeopardize your claim, potentially leading to a reduction or denial of compensation.
Contact an Experienced Atlanta Workers’ Comp Lawyer ASAP!
If you’re facing delays or challenges with your workers’ compensation claim, don’t navigate the process alone—hire a workers’ compensation lawyer. The insurance companies have their strategies, but you don’t have to fight back by yourself. Our team at Workers’ Compensation Lawyers Atlanta has the experience and dedication to help you overcome these obstacles and secure the benefits you deserve.
Contact us at 470-518-5026 for a free case consultation today!
