If you need to file a workers compensation claim, you must understand that the insurance adjuster is not your friend. In fact, there are many workers comp adjuster tricks that may be used to minimize or deny your benefits.
Don’t fall into their traps! In this blog post, you will learn how to avoid the most common tactics adjusters use against injured workers. By staying informed and seeking guidance from a skilled Atlanta workers compensation attorney, you can ensure that your rights are protected throughout the claims process. So let’s arm you with knowledge!
1. Do Not Accept a Settlement Without Talking to a Lawyer
One of the first workers comp adjuster tricks you may experience is an upfront settlement. The adjuster does not try to help you get your benefits sooner. They hope to close your case quickly and cheaply. So, why should you watch out and refuse this offer?
You could be settling for far less than what your claim is actually worth.
Instead of jumping at the first settlement proposal, consult with a knowledgeable Atlanta workers comp lawyer who can assess the value of your claim accurately.
2. Do Not Sign a Blanket Medical Release Form
Signing a blanket medical release form can be detrimental to your workers comp case. It gives the insurance company access to your past medical records. They will be looking for any pre-existing conditions they can use to deny your claim.
The insurance company has the right to request medical records directly related to your work injury. However, you should consult with an attorney before signing any medical release.
3. Do Not Be Intimidated That You Will Be Sued for Workers Comp Fraud
One of the most aggressive tactics of workers comp adjusters is to intimidate injured workers by threatening them with a lawsuit for workers comp fraud.
It’s important to stay calm and not give in. Workers comp fraud typically involves intentional deception or misrepresentation of facts in order to obtain benefits dishonestly. If you have been honest and truthful about your injury and subsequent medical treatment, there is no reason for you to fear being sued for fraud.
Remember, as an employee you have the right to file a legitimate claim if you have suffered a work-related injury. The purpose of workers compensation insurance is specifically meant to provide financial assistance and medical care for employees who are injured on the job.
If an adjuster tries to use scare tactics like threatening legal action against you, inform your Atlanta workers compensation lawyer. They will guide you through the process and ensure that your rights are protected.
4. Do Not Answer Questions Encouraging You to Speculate on Your Accident
When you are dealing with a workers compensation adjuster, avoid answering questions that encourage you to speculate on your accident. One of the most common tricks is asking leading questions.
They are designed to get you to provide information that could be used against you. They may ask things like “Do you think it was really an accident?” or “Could it have been caused by something other than work?”
It’s essential not to fall into this trap and give speculative answers. Stick only to the facts of what happened and how it relates directly to your job duties. Avoid making assumptions or guessing about factors that may have contributed to the incident.
Instead, simply respond with statements such as “I can’t say for certain” or “I don’t want to speculate.” This will help ensure that any statements you make are truthful and avoid unnecessary complications in your case.
5. Do Not Believe That a Pre-Existing Condition Prevents You from Filing a Claim
Another common trick that workers comp adjusters may try to use is convincing you that your pre-existing condition prevents you from filing a claim. They may argue that your current injury or illness is merely an exacerbation of a previous condition. Therefore, you are not eligible for compensation. However, this is simply not true.
Even if you have a pre-existing condition, such as back pain or arthritis, it does not automatically disqualify you from receiving workers comp benefits. If your work duties worsened or contributed to the aggravation of your existing condition, you still have the right to file a claim and seek appropriate compensation.
Workers comp laws in Georgia protect employees who suffer workplace injuries or illnesses regardless of any pre-existing conditions they may have. An experienced workers comp attorney in Atlanta will explain your rights and fight to secure the benefits you are entitled to.
6. Do Not Give a Recorded Statement to a Workers Comp Adjuster
When you file a workers’ compensation claim, it’s crucial to be cautious about giving a recorded statement. The insurance adjuster may request this statement to gather information about your accident and injuries. While it may seem innocent enough, it is actually one of the many ploys that adjusters use.
They might try to catch you off guard with unexpected questions or pressure you into speculating on the details of your accident. Once you put your signature under the statement, it becomes a piece of evidence that the insurer can and will use against you.
7. Do Not Wait to Hear From the Insurer Before Filing a Claim
Finally, another common trick workers comp adjusters use is making you believe that you have to wait for them to reach out before filing a claim. This tactic is often used as a way to delay the process and potentially deny your claim altogether.
However, it’s important to remember that you have the right to file a claim as soon as possible after an injury occurs. Also, you have to remember that time is of the essence when dealing with workers comp claims. You have only 1 (one) year from the date of the accident to file a claim.
If you don’t know how or when to file your claim, seek guidance from an experienced Atlanta workers compensation attorney. They can provide valuable advice on navigating through this complex process and help protect your rights every step of the way.
Let a Skilled Workers Comp Attorney in Atlanta Guide You!
Navigating the workers’ compensation process is filled with pitfalls, represented by the adjusters’ tactics to undermine your case. Make sure you have an experienced attorney by your side. A skilled workers’ compensation lawyer in Atlanta will guide you through every step of the process, fight for your rights, and help ensure that you receive fair compensation for your injuries.
So don’t hesitate. Reach out to a reputable attorney today and let them advocate for you! We offer each new client a free case review, so call us at 470-518-5026 to schedule your initial appointment.