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Michael J. Doyle, Attorney At Law Michael J. Doyle, Attorney At Law
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How to Deal with a Workers' Compensation Adjuster

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If you were injured during an accident at work, it’s important to file a claim with your employer’s insurance company as soon as possible. Unfortunately, this means that you’ll have to deal with an adjuster, which can be a frustrating experience.

At the end of the day, the insurance adjuster’s job is to limit your employer and the insurance company’s exposure to liability. This involves thoroughly investigating your claim and looking for every possible reason to deny or limit your payout.

In other words, the worker’s compensation insurance adjuster is not your friend – no matter how friendly they may seem. In fact, a lot of the time, this friendliness is intentional and meant to catch you off guard.

5 Tips for Dealing with a Workers’ Compensation Adjuster

It might go without saying, but don’t take the insurance adjuster lightly. Your claim depends upon whether or not this person believes the insurance company can avoid liability for the accident. Here are a few tips you can use to deal with an adjuster.

1. Don’t Give a Recorded Statement

You are under no obligation to provide the workers’ compensation adjuster with a recorded statement. Doing so will do you no favors, so it’s best to decline this request. The adjuster will only use your recording to poke holes in your claim if/when details of your story change as time goes on and your memory of the details dims.

2. Never Agree to or Sign Anything

The adjuster may present you with an offer or documents to sign, but under no circumstances should you agree to or sign anything until you’ve consulted with an attorney. Even if something seems relatively straightforward or routine, keep in mind that the adjuster’s only goal is to limit their company’s exposure to liability – not help you with your claim.

3. Be Overly Inclusive When Describing Your Injuries

You should not be precise in describing your injuries to the adjuster. For example, a neck injury can cause pain in your shoulder or arm, but only talking about your neck will exclude the other parts of your body that hurt, thus limiting your payout. It’s not dishonest to say, “I strained my neck and I now have pain in my neck, shoulder, and arm,” if it’s true.

4. Be Honest about Pre-Existing Conditions

It’s understandable why you’d want to conceal the existence of pre-existing conditions, but this can only hurt your claim. Be upfront about any pre-existing conditions you have because although a condition itself won’t be covered, any work injuries that aggravate it can be.

5. Take Notes of Every Conversation You Have with the Adjuster

The insurance adjuster will be taking notes on every conversation you have with them, so you must do the same. If there is a dispute about your claim in the future, your chances of prevailing can be hindered if the insurance company has contemporaneous notes and you don’t.

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