Navigating a workers’ compensation claim can feel like traversing a minefield, especially when dealing with insurance adjusters. While these professionals may present themselves as helpful intermediaries, their primary goal is often to minimize the insurance company’s payout. This is why understanding their strategies can help you protect your rights and secure the compensation you deserve for the damage, pain and suffering caused by the injury.
In this regard, here are some of the common workers’ comp insurance adjuster tricks you should watch out for.
Delaying the Process
Adjusters may delay your workers compensation claim, hoping that financial pressures will force you into a quick and less favorable settlement. They might take longer than necessary to return calls, process paperwork, or schedule medical exams. The goal is to make you frustrated and desperate, ultimately accepting a lower offer just to get things over with.
You should stay persistent and document all the interactions. If you feel the process is being unreasonably delayed, then its best to consult with a workers’ comp attorney who can help expedite your claim.
Using a Friendly Demeanor as a Disguise
One of the most common tricks in an adjuster’s arsenal is using friendliness as a tool to gain your trust. They might seem genuinely concerned about your well-being, asking about your recovery and offering advice. However, this warmth can be deceptive. Their aim is to get you to let your guard down and share information that could be used against you.
Remember, they are not your friend, and anything you say can and likely will be used to minimize your claim. Keep conversations professional and focused on the facts. Avoid discussing your injuries in detail or how you’re feeling on any given day.
Requesting a Recorded Statement
A recorded statement might seem like a standard procedure, but it’s a classic trap. Adjusters may ask leading questions designed to elicit responses that can be twisted to undermine your claim. They might catch you off guard, hoping you’ll inadvertently say something that contradicts your medical records or previous statements.
Politely decline to provide a recorded statement without legal counsel present. You have the right to consult with an attorney before agreeing to any requests from the insurance company.
Misrepresenting Your Rights
Adjusters might attempt to mislead you about your rights under workers’ compensation laws. They may suggest that certain treatments aren’t covered, or that you’re not entitled to benefits that you actually qualify for. This tactic is designed to discourage you from pursuing your claim to its full extent.
Ensure that youeducate yourself about your rights under your state’s workers’ compensation laws. Moreover, it is wise to consult with a knowledgeable workers compensation attorney who can clarify what you’re entitled to receive and never rely solely on the adjuster for information.
Sending You to a ‘Company Doctor’
Adjusters often insist that you visit a doctor of their choosing, known as a “company doctor.” These medical professionals may be biased toward minimizing the extent of your injuries, as they have a working relationship with the insurance company. Their reports can influence the compensation you’re entitled to receive.
You keep in mind that you have the right to seek a second opinion from an independent doctor. Make sure you understand your rights regarding medical evaluations and don’t feel pressured to accept the first opinion as final.
Offering a Quick, Lowball Settlement
Another common tactic is offering you a quick settlement, often far less than your claim is worth. Adjusters know that injured workers may be eager to resolve their cases quickly, especially if they’re facing mounting medical bills or lost wages. They hope that you’ll jump at the first offer without fully considering whether it’s sufficient to cover your long-term needs.
You shouldnever accept the first settlement offer without thoroughly reviewing it. Take the time to calculate the full extent of your losses, including future medical expenses and lost wages. Again, make sure you consult with a good attorney to ensure the offer is fair and meets your needs.
Using Surveillance Tactics
It’s not uncommon for insurance companies to use surveillance to monitor your activities. If the insurance adjuster suspects you’re exaggerating your injuries, they might hire private investigators to follow you and document your daily activities. Even something as simple as carrying groceries or walking your dog could be used to suggest that you’re not as injured as you claim.
You should be mindful of your activities and avoid doing anything that could be misinterpreted. Ensure that you stick to your doctor’s recommendations regarding physical activity, and remember that your actions in public could be under scrutiny.
Wrapping up
Workers’ comp insurance adjusters are skilled at using a variety of tactics to reduce the amount the insurance company has to pay out. Understanding these common tricks and staying vigilant will help you protect yourself and ensure that you receive the compensation you deserve. Remember, it’s important to consult with a reputable workers’ comp attorney who can guide you through the process, help you avoid pitfalls, and advocate on your behalf. With the right knowledge and support, you can navigate your claim successfully and secure a fair outcome.