What Not To Say To A Worker’s Comp Doctor

workers compIf you have suffered a work-related injury and have filed for worker’s comp, you will need to undergo an independent medical exam with an approved doctor. However, keep in mind that the insurance company pays these doctors. As such, they may try to reduce costs for the insurance company with details you may unknowingly divulge.

Here are some things you should not say to a worker’s comp doctor to ensure this doesn’t happen:

Giving Inaccurate Details about the Accident

The first thing your doctor will ask you is how you got injured, and the question will be asked multiple times to make you slip up. Avoid giving inaccurate or too many details and stick to the facts. If you cannot recall some details, leave them out rather than guessing, and do not exaggerate the incident or the pain you are in.

Exaggerations can lead to discrepancies which can hurt your chances of getting the maximum compensation for your injuries. For example, if you say that someone pushed you and CCTV footage says otherwise, it will raise questions about the legitimacy of your claim.

Saying You Don’t Have Health Issues When You Do

Your doctor will ask if you had similar injuries before the one that caused your existing ones. The information helps them determine treatment options. However, since worker’s comp insurers often use an illness or prior injuries to argue that injuries are not work-related, the chances are that you will say you were never injured or are healthy even if you aren’t.

That is a mistake. If you think anything in your medical history will affect your claim, hiding it or denying it will damage your credibility. Be upfront with the doctor to ensure it is accounted for from the beginning.

Saying You Can Work With Your Injuries or Pain Doesn’t Affect Your Productivity

During the consultation, describe your injuries and pain to your doctors and therapists as accurately as possible. Accurate details will help them determine how both limit your job performance. These professionals see worker’s comp patients regularly and know what is required for a valid claim, and will record your statements.

This is not the time to suffer in silence. If working is agonizing because of your injuries, do not say you are fine and can continue working. Be forthright with each healthcare provider you visit about how your injuries are affecting your work. The compensation you receive may be limited otherwise or, worse, rejected.

Don’t Badmouth Your Employer

Depending on the circumstance surrounding your injuries, you may be tempted to use some choice expletives for your employer during a medical consultation. Even if your boss reacted badly to your claim, the worst thing you can do is vent in front of your doctor.

Unlike other medical cases, there is no such thing as doctor-patient confidentiality in a worker’s compensation claim. In other words, whatever you say to the doctor will be used to gauge your credibility and temperament. If either is lacking, you may lose out and will have to pay out of pocket for your medical bills.

Contact Robert Edens For a Consultation Today

If your compensation has been denied by the insurance company or your employer, you can and should sue. Contact the worker’s comp lawyers in Waukegan from The Law Offices of Robert T. Edens today! We have extensive experience representing clients like you get the compensation they deserve.

Workers’ Comp Investigator Tactics

workers compThe insurance company will do everything in its power to reduce your Workers’ Comp claim, and yes, that means you will be under surveillance. The primary purpose behind Workers’ Comp surveillance is to undermine a claim and the credibility of the injured worker. Here are some of the top tactics that you can expect from their investigators:

Online Surveillance

Investigators will go as far as monitoring your social media accounts for proof that you are lying about your injuries or claim. So if you have a Facebook, Twitter, TikTok, or even a LinkedIn account, make sure you don’t post incriminating evidence.

For example, posting a video of your white water rafting adventure is NOT a good idea if you filed a back injury claim to get Workers’ Comp. Maybe your injuries are minor, but that doesn’t mean the insurance company will not use that evidence to undermine your claim.

Video Surveillance

The insurance company may station a private investigator outside your home. Using a camera or even just a smartphone, he/she can take pictures of you that can be used to deny your claim. They can show up and start monitoring you when you least expect it. Plus, they won’t stop till they have something they can use to incriminate you. You need to assume that there is someone watching you at all times. Don’t do anything that could jeopardize your claim.

Direct Queries

Investigators are far from shy or covert when it comes to disclaiming Workers’ Comp claims. They can ask you about your injuries directly and use your statements against you during a hearing. You need to choose your words carefully to ensure you do not incriminate yourself or bring your claim into question.

Better yet, do not make any claims to an investigator – their job is to protect the insurance company’s interests, not yours. So do not discuss your claims without hiring our Illinois workers’ compensation lawyers.

How You Can Help Yourself

Unfortunately, surveillance is legal no matter how nerve-wracking it is, so you cannot ask an investigator to stop following you. The best thing you can do to protect your claim is to follow your doctor’s orders. For example, if you need to walk on crutches for a few weeks for a broken ankle, make sure you always use them when you are out and about. Make sure you use them indoors as well. An investigator may spy on you from the windows.

Additionally, be clear about the specifics surrounding your accident and claim. However, do not speculate if you are confused about some facts. Investigators will use discrepancies in your story to try and deny your claim. Keep details concise and straightforward to be on the safe side.

Personal Injury Attorney

Contact Robert Edens for Workers’ Comp Claims in Illinois

The Workers’ Compensation process can be challenging. Add an investigator to the mix, and the experience can turn stressful. Our Antioch Illinois workers’ compensation lawyer can level the playing field by giving you peace of mind that your rights will be protected. Contact the Law Offices of Robert T. Edens for a consultation today. For years, they have been fighting for workers’ rights in Chicago, Waukegan, Libertyville, Woodstock, and Antioch, IL, so you know that they have extensive experience.

(Content Updated 6/13/2024)