- September 19, 2023
- Workers' Compensation
Are you dealing with a workplace injury and facing obstacles in getting the compensation you deserve? If so, you’re not alone. Workers compensation insurers are notorious for trying to deny or limit claims, leaving injured workers without the support they need.
In this blog post, we’ll uncover some common lies that workers’ compensation insurers may tell you and why it’s crucial to consult with an experienced Griffin workers comp lawyer before talking to an adjuster.
1. You Must Give a Recorded Statement before Filing Your Claim
Picture this: you’ve just been injured at work, and the workers’ compensation insurance adjuster asks for a recorded statement before you even have a chance to file your claim. It may seem like a reasonable request, but beware – this is a lie.
Giving a recorded statement is not required to file your Georgia workers’ compensation claim. While it’s important to provide accurate information about your accident and injury, there’s no legal obligation for you to do so on record. In fact, speaking with an adjuster without proper guidance can potentially harm your case.
The purpose of these statements is often for the insurer’s benefit – they’re looking for any opportunity to poke holes in your story or find inconsistencies that could be used against you later on. This is why it is essential to talk to an experienced Griffin workers comp attorney before providing any statements or signing any documents.
2. You Didn’t Follow the Procedures to Report the Accident
When it comes to reporting an accident at work, employers may set specific procedures, such as reporting to your manager or to the HR department. However, the law does not require you to follow any particular procedure or use any specific forms when reporting an accident.
Your main priority should always be seeking medical attention and ensuring your injuries are properly treated. Once you have received necessary medical care, it’s important to inform your employer about the incident as soon as possible.
While there might be guidelines laid out by your employer regarding how accidents should be reported, failure to strictly adhere to them does not automatically disqualify you from receiving benefits.
The key factor here is whether or not your injury occurred while performing work-related duties. As long as this criterion is met, you have a valid claim for workers’ compensation regardless of any technicalities surrounding the reporting process.
3. You Are Too New on the Job to Qualify for Benefits
It is absolutely disheartening to hear that you didn’t work long enough in a position to have the right to file a workers comp claim. It is also an outright lie.
In reality, your eligibility for workers compensation benefits does not depend on how long you have been employed. Workers compensation laws exist to protect employees from financial hardship caused by work-related injuries or illnesses. They do not discriminate based on tenure. If your employer has workers comp coverage, they must provide benefits regardless of your length of employment.
If an insurance adjuster tries to use this excuse against you, don’t hesitate to consult with an experienced Griffin workers comp lawyer who can fight for your rights and ensure that you receive the benefits that you deserve.
4. Your Health Problems Are Caused by a Pre-Existing Condition
One common tactic that workers compensation insurers may use is to claim that your health problems are caused by a pre-existing condition. They might argue that your injuries or symptoms were already present before the workplace accident occurred, and therefore, they are not responsible for providing you with benefits.
However, even if you have a pre-existing condition, it does not automatically disqualify you from receiving workers’ compensation benefits. Insurance companies often try to downplay the impact of workplace accidents on pre-existing conditions in order to minimize their liability.
But don’t let them dismiss your legitimate claim. Seek medical attention and consult with an experienced Griffin workers comp attorney who can help gather evidence and build a strong case on your behalf.
5. You Are an Independent Contractor, Not an Employee
Labeling you as an independent contractor is the easiest way for insurers to deny your claim. This is because workers compensation does not cover independent contractors.
However, just because your employer labels you as an independent contractor doesn’t necessarily make it true in the eyes of the law. The determination of whether you are truly an independent contractor or an employee depends on various factors such as your level of independence, degree of control by the employer, payment method, and nature of the work performed.
If you believe that you have been misclassified as an independent contractor when in fact you should be considered an employee eligible for worker’s compensation benefits, don’t simply accept what the insurer tells you at face value. Consult with a knowledgeable lawyer who can evaluate your case thoroughly and help fight for your rights.
6. You Must Return to Work Immediately
Returning to work immediately after a workplace injury is something that workers’ compensation insurers may try to push on you. They may tell you that your injuries are not severe enough to warrant time off or that taking any more time away from work will jeopardize your job security. But don’t be fooled, this is just another tactic to minimize their financial responsibility.
It’s important to remember that your health and well-being should always come first. Rushing back into work without allowing yourself proper time for recovery can actually exacerbate your injuries and potentially lead to long-term complications. Your doctor knows best when it comes to determining the appropriate timing for returning to work, not an insurance adjuster.
7. You Don’t Need a Workers Comp Lawyer
Finally, the biggest lie a workers compensation insurer will tell you is that you don’t need a lawyer to navigate your claim. They might try to convince you that hiring an attorney will only complicate things and delay the process. However, it’s important to remember that insurance companies are primarily concerned with their own bottom line, not yours.
Having legal representation can make all the difference in ensuring that your rights are protected throughout the workers compensation process. An experienced workers comp lawyer understands the complexities of these cases and knows how to negotiate with insurers on your behalf.
Before Talking to an Adjuster, Call Our Office!
When dealing with a workers’ compensation claim, it’s crucial to consult with an experienced Griffin workers comp attorney before speaking with any adjusters. They will ensure that your rights are protected and help you understand the true extent of your entitlements.
By having legal representation from the start, you can avoid falling for the lies that insurance companies may tell you. Your lawyer will guide you through every step of the process and fight for what is rightfully yours – fair compensation for lost wages, medical expenses, rehabilitation costs, and more.
Don’t let yourself become another victim of misleading tactics by insurance companies seeking their own bottom line over your well-being. Call us now at 470-518-5026 to schedule a free case review!
