- Workers' Compensation
Tricks Workers Comp Adjusters Use Against Employees
Filing a workers’ compensation claim after a work-related injury can be a daunting process. You may assume that the insurance adjuster assigned to your case will treat you fairly, but unfortunately, this isn’t always the case.
Many insurance adjusters use various tactics to delay benefits or convince you to accept a low settlement. Understanding these workers comp adjuster tricks can help you navigate the claims process more effectively.
In this blog, we will discuss six common tricks a workers comp adjuster use. We’ll also explain how our Florida workers’ comp attorneys can help you protect your rights and secure fair compensation.
If you need assistance with your claim, contact us today for a free consultation.
1. Workers Comp Adjusters Pretend They’re on Your Side
Building False Trust
When you first speak with the person handling your workers’ comp claim, they may pretend to be on your side. Early in the process, many claims adjusters treat you like a friend, empathizing with your injuries and the frustrating workers’ comp process.
This is a strategic move designed to make you feel comfortable and less guarded during your interactions.
The Real Motive
Do not fall for this approach. It is the insurance adjuster’s job to pay as few or even deny claims as much as possible. Their goal is to find a reason to delay or deny your claim. You need to be on the alert and let your workers’ comp attorney deal with the insurance company.
Remember, their primary responsibility is to the insurance company, not to you.
Having an attorney handle communications ensures that your best interests are represented.
2. The Adjuster Asks for a Recorded Statement
The Purpose of a Recorded Statement
In the days following your workplace accident, the insurance company will ask you to provide a recorded statement. They do this for two reasons.
First, they’re hoping you will admit to something that could jeopardize your claim.
Second, they will ask trick questions that you don’t know how to answer properly.
This recorded statement can be used against you later. Insurance adjusters might scrutinize your words to find inconsistencies or admissions that weaken your case.
These tactics ultimately impact the outcome of your claims process, potentially reducing the benefits you receive or leading to a denial of your claim altogether.
Protecting Your Rights
This can be a tricky situation because the insurance company has a right to ask for your statement. However, your attorney can ask that you have a chance to review a typed version of the statement before you sign off that it is true and accurate.
This ensures that you do not unintentionally harm your case.
It’s crucial to have legal guidance to navigate these requests properly and protect your rights.
3. Hiring a Private Investigator to Follow You
Surveillance Tactics
If your claim is large, the insurance company may hire private investigators to follow you. Their mission is to secure proof that you exaggerated or lied about your workplace injuries.
The insurance company may try to argue you aren’t seriously injured because you engaged in activities such as playing sports or going out for the afternoon with a friend despite being in pain.
This surveillance can include photographing or videotaping you without your knowledge.
Staying Vigilant
There is nothing illegal about what the insurance company is doing. You just need to be careful that you don’t do anything that would go against your claim of injury.
Always consult your workers’ comp attorney if you suspect you are being followed. They can provide advice on how to conduct yourself and what to do if you believe you’re under surveillance.
4. Workers Comp Adjusters Offer Lowball Settlements
Tempting with a Quick Payout
One of the most dangerous things a workers compensation adjuster will do is dangle a low settlement in front of you. They know you can’t afford to go without benefits and are worried about medical bills. They’ll tempt you with a settlement much lower than what you deserve.
This tactic preys on your immediate need for financial relief.
The Importance of Legal Advice
This is why it’s important to meet with a Florida workers’ compensation attorney before you accept any offer. Your attorney will evaluate the settlement offer and ensure it covers all your medical expenses, lost wages, and other damages.
An experienced attorney can negotiate on your behalf to secure a fair settlement that truly reflects the extent of your injuries and losses.
5. Pressuring You to Sign a Settlement Release
Understanding the Settlement Release
If you are considering a settlement offered by the insurance company, don’t sign anything. The insurance adjuster will pressure you to sign a settlement release. You should never do this without having it reviewed by a licensed attorney.
Signing without proper review can result in losing significant benefits and rights.
Common Settlement Pitfalls
The claims adjuster may change or omit the terms of the settlement offer. For example, they may not include payment for any time you’ve already missed from work, not list all the body parts you injured, reduce your percentage of disability in the agreement, use the wrong income information when determining your benefit rate, or offer a structured payout when it was supposed to be a lump sum.
For example, they may try any of the following:
- They do not include payment for any time you’ve already missed from work.
- It does not list all the body parts you injured.
- They reduce your percentage of disability in the agreement.
- They use the wrong income information when determining your benefit rate.
- The settlement amount is wrong.
- The terms call for a structured payout when it was supposed to be a lump sum.
When your workers’ comp attorney reviews the settlement release, they’ll catch these discrepancies and ensure the terms are fair to you. They will also ensure that all your injuries are adequately compensated and that future medical expenses are covered.
6. Using Scare Tactics to Get You to Settle or Back Down
Intimidation Tactics
Throughout the process, the workers’ comp adjuster may try to convince you that it’s easier to settle quickly rather than retain a lawyer. They may tell you that there is an overwhelming amount of paperwork you’ll have to fill out or exaggerate how long it can take to get benefits.
Their goal is to make you desperate enough to settle for whatever amount they offer.
The Role of Your Attorney
An attorney will protect you in this situation. They’ll make sure that any settlement you accept is fair and covers all your expenses. Your attorney will handle the paperwork and negotiations, allowing you to focus on your recovery.
They can also provide reassurance and guidance, helping you navigate the often intimidating claims process with confidence.
The Importance of Medical Records and Independent Medical Exams
The Role of Medical Documentation
Medical records play a crucial role in your worker’s comp claim. They provide the necessary evidence to support your injury claims and the extent of your injuries. Insurance adjusters will scrutinize these records to find any inconsistencies or pre-existing conditions that could be used to deny or reduce your claim.
Independent Medical Exams
In some cases, the insurance company may request an independent medical exam (IME) to verify your injuries. While this may seem straightforward, these exams are often used to challenge the findings of your treating physician.
Your attorney can guide you on how to prepare for an IME and ensure that the results are used appropriately in your case.
Call Our Top Florida Workers Compensation Attorneys
If you’re hurt on the job, the last thing you need is to be taken advantage of by the insurance company. Unfortunately, insurance adjusters have certain tactics they use with many of the claims that cross their desks. The best way to combat this is to hire a Florida workers’ comp lawyer to help you.
Insurance companies are not in the business of paying claims. Insurance adjusters often try to scare or overwhelm employees, hoping they’ll walk away or accept a low settlement. They rely on complex processes and scare tactics to wear you down.
Your Legal Rights
Our firm offers all new clients a free initial consultation. We will help you navigate the workers comp claims process, protect your legal rights, and ensure you receive the fair compensation you deserve.
With experienced legal representation, you can focus on your recovery while we handle the complexities of your workers’ compensation claim.
All you have to do is call our office at 954-833-5226 and ask to schedule your free case review.