Recorded Statements in Workers’ Comp Claims: What to Say and What Not to Say
You may have to go through several steps to receive workers’ compensation benefits after a workplace injury, but some of the insurance company’s requests may not exactly be in your best interests. If your workplace’s insurance provider has asked you for a recorded statement, be aware that you are stepping into risky territory. With the help of a workers’ compensation attorney in California, you can figure out what to say, what not to say, and how to protect your claim.
When you’re facing issues with a workers’ comp claim, having the right attorney fighting for you can make a big difference. At Moga Law Firm, we work closely with injured clients to help them secure the benefits they are entitled to. Attorney Scot Thomas Moga’s extensive knowledge of California’s workers’ compensation system, what insurers look for, and issues that often arise make him the right choice for your claim. Call our workers’ compensation law firm at 909-931-2444 now to schedule a consultation.
Recorded Statements in Workers’ Comp Claims
A recorded statement is a formal discussion with your company’s workers’ comp insurance adjuster. They ask specific questions related to your accident and injuries, and you respond. They’re likely to ask for this early in the claims process, when your memories of the incident are still fresh.
The adjuster may ask about various aspects of your injury, including how it occurred, what you do for work, your symptoms, and your medical history. The answers you provide are recorded and they become an official part of your claim file.
Are You Required to Give a Recorded Statement?
In California, you are generally required to cooperate with the insurance claims process for your workers’ compensation case. However, that doesn’t necessarily mean that you have to consent to a recorded statement—especially before you seek your own legal counsel.
Generally, you have the right to ask to schedule the interview for a later time, prepare your answers ahead of time, and discuss your options with a workers’ compensation lawyer.
Note that this is not the same as the accident report you provide to your employer. While a recorded statement may not be required, reporting your accident to your employer so they can file an official report is.
Why the Insurance Company Wants a Statement
Even though workers’ compensation is a no-fault system that is supposed to protect both workers and workplaces, insurance companies still evaluate claims closely to limit their financial losses. For that reason, you shouldn’t assume that they are always working in your best interests. While they may just be looking for fraudulent claims, insurance companies have also been known to deny or delay legitimate claims.
This ties in to how they may use your recorded statement. To start, they may use the information you provide to confirm how the injury occurred, verify whether or not it occurred in the scope of your job duties, identify gaps in your story, and explore potential non-work-related causes.
Down the road, insurance companies really use your recorded statement to look for inconsistencies or gaps in your story. They may try to see if your story changes with time or if there are conflicting statements that indicate the story may be falsified.
What to Say
If you do give a statement after speaking with your workers’ compensation attorney, stick to clear and accurate information:
- Focus on when, where, and how the accident occurred
- Explain clearly what you were working on at the time
- Keep your answers concise
- Say that you are unsure or don’t know if you don’t remember—don’t guess
- Explain current symptoms while noting that they may change
What Not to Say
What you don’t say is equally important. We recommend avoiding:
- Guesses regarding how the accident occurred
- Anything that minimizes or downplays your injury
- Exaggerated descriptions of symptoms
- Unrelated personal or medical information
- Excess information on prior injuries
Remember that small inconsistencies or remarks can be used against you later, so it’s important to be careful about what you say.
Discuss Your Concerns With Our California Workers’ Compensation Law Firm
Unsure of your next steps after a workplace accident? It’s time to talk to a workers’ compensation lawyer about securing the benefits you’re owed. Get started now by calling us at 909-931-2444 or filling out our online contact form.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
