Giving a Recorded Statement for Worker’s Compensation


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Giving a Recorded Statement for Worker’s Compensation

Workplace accidents happen all the time.  Sometimes the accident is the fault of an employee’s co-workers, sometimes it the fault of third parties, and sometimes, the accident is no one’s “fault”—it may just be a hazard associated with the work you have been hired to do.   Thankfully, Worker’s Compensation benefits were created to make things easier for you: in many cases, it does not matter where the “fault” lies.  With a good attorney, Worker’s Compensation benefits you for your compensable injuries, and pays for medical expenses that you incur due to those injuries.

Our legislators designed the Worker’s Compensation program to make the processing of work-related claims easy and streamlined.  Though well-intentioned, VWCA is nonetheless very difficult to navigate and should be entrusted to the expertise of an experienced worker’s compensation attorney.

What You Need to Know About Recorded Statements in Worker’s Compensation’s Claims

If you have been injured on the job, there are three important issues that you should know: giving recorded statements, dealing with claims adjusters, and seeking legal counsel. This article details those issues, so you can help your claim to have the best chance for success

You should hire an experienced attorney to guide you in the claims process

After you have been injured on the job, the first thing you should do is contact an experienced worker’s compensation attorney to guide you through the claims process. The attorney will act as your guide, counselor, and confidant.  Your attorney will be your defender from your “friendly” claim adjuster’s attempts to derail your right to recover Worker’s Compensation benefits.  Your attorney will represent you in every facet of your claim and will make sure that you are making informed choices regarding the benefits available to you. In addition, the attorney will make sure that you have gathered all of the necessary evidence of the time, place, and nature of your accident and injuries.    Simply put, there is no substitute for having an experienced attorney’s guidance during a worker’s compensation claim.

You Do Have to Give a RecordedStatement to Your Employer

Employers and claims adjuster for the employers’ insurance provider will request a recorded statement from you.  Do not do this without talking with an attorney first.  While you are required to give them a recorded statement for your claim, you may wait a reasonable period of time to enable you to consult with an attorney first.  During the consultation you have with your attorney, the attorney will, in a disciplined, thorough, and well-trained fashion, go over all of the facts of the claim with you.  You can also have your attorney present when you give your employer a recorded statement.  Imagine how much safer you would feel having an attorney by your side.

You will be contacted by a claims adjuster to get a recorded statement

Claim adjusters will contact you soon after you file in order to get a recorded statement from you. They do this because they want to find you in a vulnerable, panicky state post-injury.  Claims adjusters will attempt to use any information that you give them to deny you workers’ compensation benefits, no matter how innocently you may have provided the information.  You can and should wait until your attorney is present with you to give the claims adjuster a recorded statement.

Seeking Legal Help

It is in your best interests to hire a workers’ compensation attorney before your begin the claims process.  You will want an attorney by your side when it comes time to give a recorded statement.  An attorney’s legal counsel at pivotal times during the process can be the difference between succeeding on your claim and being denied benefits.

 

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