Should I Give a Recorded Statement to the Workers’ Comp Insurance Company?

After suffering an injury on the job in Vermont, one of the first calls you might receive is from your employer’s workers’ compensation insurance company. The insurance adjuster might seem friendly and tell you they just need a recorded statement to process your claim. While this might seem like a standard procedure, giving the insurance company a recorded statement can have a significant impact on your claim and most likely not in a way that favors you. Before agreeing to provide a recorded statement to the workers’ comp insurance company, it’s vital to understand the adjuster’s goal and the possible risks involved in giving a recorded statement.

Why Do Insurance Companies Want Recorded Statements?

Workers’ compensation insurance companies are businesses like any other, and their main goal is to make profits. These payouts interfere with this goal. Because of this, workers’ compensation insurance companies always look for ways to minimize or deny claims. Recorded statements are one way these companies can reduce or deny claims.

When an insurance company calls you and asks you for a recorded statement, they are not doing so to help you; they are doing so to help themselves. A recorded statement can provide an adjuster with an opportunity to collect information that can be used against you. Workers’ comp insurance adjusters often ask for recorded statements to downplay your injury, find inconsistencies, or argue that your injury is not work-related. Frequently, adjusters call before the claimant has had a chance to understand their injuries or rights fully.

Should You Give a Recorded Statement?

It is highly advisable that you do not give a recorded statement to your employer’s workers’ compensation insurance company. Under Vermont workers’ compensation law, you are required to cooperate with the insurance company after a work injury. However, you are not legally required to give a recorded statement to the insurance company. Indeed, you must provide basic information about your injury, but you can do so in writing or through your lawyer instead.

Common Tactics Used by Workers’ Comp Insurance Companies

Workers’ compensation insurance adjusters use various tactics to try to reduce or deny your claim. Here are some of the tactics an adjuster may use;

• Asking leading questions: They might ask, “Weren’t you injured in a car accident two years ago?” Such a question is designed to get you to admit to a prior injury or suggest your current condition is unrelated to your job.
• Downplaying your injuries: The adjuster might ask you if you are feeling better. If you say you are, they might use your response to argue that your injury is not as severe as you claim.
• Focusing on inconsistencies: They may compare your recorded statement with medical reports or witness statements and use any small discrepancies to attack your credibility.
• Calling you too soon: An adjuster might contact you immediately after your injury, before you’ve gotten a chance to understand the extent of your injury or speak to an attorney. They might do this to catch you off guard.

Instead of agreeing to give a recorded statement when the insurance company contacts you, politely decline and ask that they communicate through your attorney.

Contact Us for Legal Help

Before speaking to the workers’ compensation insurance company, contact Sluka Law Firm to talk to a Vermont workers’ compensation lawyer who can protect your rights and help ensure you secure the benefits you deserve.

Source:

legislature.vermont.gov/statutes/chapter/21/009