Should I Give A Recorded Statement to the Insurance Company or Employer?

The answer is maybe!  When an employer, or especially their workers’ compensation insurance company, wants to take a recorded statement from you, they are not trying to help you.  They will probably try to use the statement against you in the future.  Most of the time they are gathering ammunition to use against you in the recorded statement.

When taking a recorded statement from you, the insurance company representative may state questions in a way that weakens your case for workers compensation benefits. For example, you have injured your knee at work. The adjuster may ask you if you help coach any of your children’s sports teams. You explain that you help coach your son or daughter’s soccer team. The adjuster may try to twist your answer in such a way that it appears your current injury is an injury you had outside of work and they could deny your workers compensation benefits based upon the way you answer this question. Be extra careful how you answer the question.  Remember the insurance adjuster is not your friend, even though they may seem like a nice person.  They have a job to do!

We suggest you not give a recorded statement to the insurance company unless you are in the presence of your attorney.

In the alternative, you may agree to state what happened to you in writing. Ask the insurance adjuster to send you their questions in writing and you can then answer them in writing.

However, be aware if you do not cooperate with the insurance company they may deny your claim.  If you decide to give the insurance adjuster a statement, at least contact an attorney to discuss your options before you give the statement. The insurance adjuster’s job is to find a technicality so they can avoid covering your workers’ compensation claim. It is a business for the insurance company and they generally lose money if they have to pay your claim. A workers’ compensation attorney can help you ensure that protect your rights.