After a workplace injury, many employees receive a prompt call from an insurance adjuster. Often, the adjuster requests a recorded statement describing how the injury occurred. While this might seem like a routine part of the process, it can significantly impact your workers' compensation claim—and not necessarily in your favor.
What Is a Recorded Statement?
A recorded statement is an interview conducted by an insurance adjuster, often over the phone, in which they ask questions about the incident and record your responses. These statements are legally admissible and can become a primary tool used to determine whether your claim will be accepted or denied.
Even minor inconsistencies such as misremembering the timeline or using unclear language can be used to undermine your credibility. Insurance adjusters may highlight these discrepancies to argue that the injury did not occur as you claimed or that it didn’t happen on the job at all.
How Recorded Statements Can Be Used Against You
Adjusters are trained professionals. Many of them handle hundreds of claims per year and know how to guide conversations in ways that protect their company’s bottom line. That often involves:
- Asking leading or confusing questions that may prompt inaccurate answers.
- Getting you to downplay your injuries unintentionally.
- Creating a permanent record that conflicts with future medical findings or testimony.
- Using parts of your statement to argue pre-existing conditions caused your injury.
These tactics can be subtle, but they can shift the outcome of your case.
Why You Should Speak to an Attorney First
Many injured workers believe they have nothing to hide, so they provide a recorded statement without first speaking to an attorney. But here’s the truth: what you don’t say or how you say it, can hurt you. Even one poorly phrased sentence can mean the difference between approval and denial of your claim.
Speaking with an attorney before talking to the insurance company gives you:
- A clear understanding of your rights and obligations.
- Guidance on how to explain your injury without leaving room for misinterpretation.
- An advocate who can communicate directly with the insurer on your behalf.
What To Do If You’re Asked for a Statement
If an insurance adjuster asks for a recorded statement after your injury, follow these steps:
- Politely decline to speak immediately. Tell them you need time to seek legal advice.
- Do not provide a written or recorded statement without an attorney’s input.
- Collect your own records of the incident such as photos, witnesses, and dates.
- Schedule a consultation with a workers’ compensation attorney familiar with your state’s laws.
Protecting Your Workers' Compensation Claim
No matter how cooperative or friendly an insurance adjuster may seem, remember that their loyalty lies with their employer not you. Your best move is to stay cautious, stay informed, and seek professional guidance.
Contact Shankle Law in Charlotte, NC for your free consultation today and get the guidance you need to protect your claim.
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