Illinois workers' compensation - don't give a recorded statement

A reader asks:

I fell on a tarp that was covering carpet at my office. It was there for construction and as I fell I grabbed the railing and felt a terrible pain in my shoulder. My doctor thinks that I tore my rotator cuff and wants me to get a MRI. The insurance adjuster told me that she will not authorize any treatment until I give a recorded statement about what happened. Should I do this?

The answer is always NO. Even in a case like this where the injured worker is clearly hurt on the job, recorded statements exist for only one reason. It gives an insurance adjuster a chance to twist your words against you. Insurance companies make money by not paying out claims that they should pay out. So in a case like this, if the adjuster can get the worker to state that they really aren?t 100% sure why they fell, that would be enough to deny the claim and potentially save the insurance company tens of thousands in medical bills they don?t have to pay.

In a case like this, we call the insurance adjusters and tell them that our client will not be giving a recorded statement. We will answer any questions the adjuster has. Anything we say can not be used as evidence. Anything you say, even if it gets twisted, can be used against you in an arbitration hearing or to deny your benefits.

No one would assume that an insurance company has bad intentions by asking what happened in the accident (or maybe they would assume that), but there is no reason they take these statements other than to try to come up with a reason to deny you.

So don?t talk. It can?t help you, even if you are honest. And remember, your benefits can?t legally be denied for not talking and if they are denied there are things we can do to turn the case around while still protecting your rights.

We are workers' compensation attorneys who help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.?Contact us?and we will answer your questions or find the right lawyer for your situation.

1/25/13

Source: http://www.illinoisworkerscomplaw.com/2013/01/articles/tips-if-injured/illinois-workers-compensation-dont-give-a-recorded-statement/

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