In a workers’ compensation case in Florida you should never agree to provide any information to the insurance company unless you have first been advised by an experienced workers’ compensation attorney.
The recorded statement is the first attempt the insurance company has to deny your claim. While insurance companies allege they need your information to investigate the claim, they are really trying to gather information to deny medical and lost wage benefits. Work comp insurance adjusters and defense attorneys will look to the recorded statement and use whatever information you provided against you if at all possible.
Why do they need to know your social security number or your past medical history? Why do they need to know where you live or whether you are married or have kids? The answer is: they do not need this information. They can pick up the phone and call the employer or workplace and find out what happened. If they do not call, or are not provided the information, then they should accept your claim and provide care.
But if they are able to get something on you, trip you up or use an answer to a question in a way you did not intend, then they will deny you the medical and lost wage benefits that you are entitled to under the law.
Workers’ Compensation judges allow insurance companies to rely on the information obtained during an recorded statement for investigation purposes and have ruled that if they find any of the information provided by the injured worker was false or misleading and intentionally provided for the purposes of obtaining workers’ compensation benefits, they will shut down the case.
However, what happens when an injured worker is in excruciating pain, on pain medications or simply distracted by the kids, dogs or family matters? Sometimes injured workers just want to see a doctor and cannot, or do not, take or have the time or ability to concentrate on answering questions. When an injured worker provides information when they are in such a condition, mistakes happen, incorrect information may be provided and the insurance company will try to shut down your case.
Don’t let a simple, unintentional mistake cost you the right to receive medical, lost wage, impairment and other benefits available under Florida’s workers’ compensation law.
Call us today at 1-877-WE-CAN-HELP or contact us online at http://www.franksandkoenig.com.