Four Dirty Tricks Used by Insurance Adjusters to Restrict Workers’ Compensation Payouts

author by Russell Greer Keener on Sep. 03, 2014

Employment Workers' Compensation 

Summary: Four Dirty Tricks Used by Insurance Adjusters to Restrict Workers’ Compensation Payouts

As a Georgia workers compensation lawyer I am often approached by clients who are appalled at the levels employers and insurance companies will go to in seeking to deny or curtail the payments they are entitled to after an injury in the workplace.

I do not share their sense of disbelief because I am very familiar with the dirty tricks an insurance company will resort to, to deny workers’ compensation.

You should always be careful in your dealings with the insurance company. The insurance company is not your friend and is looking to catch you out. By hiring a Georgia workers’ compensation attorney you can avoid these potential traps.

Here are four dirty tricks used by insurance companies.

  1. Hiring an investigator.

It is a fairly common practice for insurance companies to hire private investigators. They do this in contested claims and uncontested claims. Basically, the insurance company is trying to discover if the injured worker is following doctor’s work restrictions or is able to do more than he or she has been ordered to do by the doctor. The insurance company will be looking to cut your benefits as much as possible. An investigator will look for evidence that you are violating your work restrictions. Inevitably, this will be selective. If you go outside of your work restrictions for 5 minutes in the course of a day, you can bet this is the period that’s recorded.

Often hiring an investigator will be a major waste of time and money. The investigator may spend several days recording nothing, incurring the insurance company unnecessary costs. Be aware an investigator may talk to your neighbors and follow you. You should always be truthful with the doctor and make sure not to overstate your limitations, to avoid being caught out.

2.Recording Your Statements.

Often an insurance company will require a recorded statement from you before you get paid or receive medical treatment. The insurance adjustors will call you shortly after the accident and ask if they can record a statement. Although this may sound innocent enough, they will do it so as they can hold you to whatever you say in that call. This is a dirty trick because you may be disorientated or under extreme stress just after an accident. You may feel drugged up on pain medications. Always remember they are looking for a loophole to deny you benefits. It’s important to hire a lawyer as soon as you are injured. You do not have to give a recorded statement.

3.Getting you to Sign for Incorrect Descriptions of Injuries and Wages.

Agreement forms need to be signed but you need to be aware of potential tricks. You should always check that the information is accurate. Sometimes an insurance company will fail to list all of the injured body parts. You may sign off on it saying only your neck is injured, but not mention a shoulder injury, for example.  Although this may seem like a minor detail, an insurance adjustor may use it to challenge your injuries at a later date.  You should also make sure your wage is listed correctly. Sometimes an insurance company will take an employers’ word for it. Make sure bonuses and overtime are included as opposed to an average weekly wage.

4.Paying your Benefits Voluntarily

This may not seem like a problem but there have been cases of insurance companies paying injured workers’ benefits when you don’t realize it, placing them in danger of losing your benefits.

Insurance adjusters may voluntarily make payments without informing the claimant of the fact that that if they don’t file a claim for benefits form and obtain an award order, they will stop paying them when the statute of limitations runs, which is generally a year from the date of your injury.

After you have been injured in the workplace the insurance adjuster may act as if he or she is there to help you. It’s crucial to remember the adjuster is not your friend and is tasked to save the insurer and your employer money. If you have been injured in the workplace you should talk to a veteran Marietta workers’ compensation attorney. We have more than 25 years of experience in these cases. Call the Keener Law Firm toll free at (800) 900 2400 or locally at (770) 955 3000 for a free and completely confidential consultation.

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