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What Should I Avoid Saying During the Workers’ Compensation Process?

woman talking on the phone sitting in wheelchairThere is often a lot of confusion after a workplace injury – many injured workers do not learn about the process until they suffer an injury. They may be unsure of what they need to prove and what information the insurance company needs to process and decide whether the claim is valid.

This could lead to workers making various statements that hurt their chances of obtaining compensation. Below, we have provided a list of things you should avoid saying after a workplace injury.

Exaggerations About Your Injuries or the Accident

The insurance company just needs the basic facts, such as answers to the following questions:

  • What were you doing when you were injured?
  • Where did it happen?
  • When did you seek medical treatment?

If the insurance company contacts you and asks for a lot of specifics about your injury, you can refer them to the doctor and your medical records. If you get into too much detail you run the risk of exaggerating or downplaying the severity of your injuries.

Vague Statements About the Accident

Try to be specific about what led to the accident. For example, if you suffered a back injury while lifting something, say that. Explain what you were lifting and whether this was a normal part of your job.

If you do not say why you were injured or cannot explain the reason, you may have a hard time getting your claim approved. Just saying, “I do not know what happened,” may not be specific enough. The insurance company is unlikely to make assumptions about what happened.

If you were injured in a slip and fall, explain why you fell. What were you doing? What caused the fall? What work task were you carrying out at the time.

Lack of Consistency in Your Statements

Do your best to be consistent with what you tell everyone about your accident and injuries. Insurers are trained to look for any inconsistencies to try to use against you. If you say you slipped because of a wet floor to one person and tell someone else you tripped over something, it may hurt your chances of receiving benefits.

Failing to Answer Questions

You want to answer the specific question you are being asked, unless you are asked for very specific details about your level of pain or your injuries. You should avoid discussing that and talk to your lawyer about these requests.

Listen to the question you are being asked and if you are unsure what the insurance company wants to know, ask for clarification. If you are unsure whether you should answer a question, decline to answer and refer the insurance company to your attorney.

Declining to answer is much better than guessing. If you do not know the answer, you should not speculate. As the investigation unfolds, information may come to light that contradicts something you were guessing about.

What About Recorded Statements?

It is generally best to talk to your lawyer about any requests for recorded statements. Once you record a statement, your claim may be limited by whatever you were recorded saying. This may hurt your chances of recovering compensation and be very difficult to refute later.

Your lawyer can help prepare you to give a recorded statement that protects your claim and your credibility.

Contact Berry, Smith & Bartell After a Work Injury to Learn How We Protect Claims

It is normal to have many questions about pursuing workers’ compensation benefits. The Fresno workers’ compensation lawyers at our firm are available to answer your questions and explain whether you may be eligible for benefits.

Your consultation is free and comes with no legal obligation. That means there is no risk to you. We do not get paid unless we recover benefits on your behalf. You can contact the firm anytime via phone, live chat or online contact form.

For a free case evaluation with Berry, Smith & Bartell, a Professional Law Corporation call 1-800-848-6288 today!

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