A colleague of mine recently asked if injured workers in Texas Workers Compensation claims are required to provide a recorded statement to the insurance company. This is an interesting question.
When they get a notice of a claim, many insurance companies perform what they call a three prong investigation. The investigator contacts and gets a statement from the injured worker, the medical provider and the employer. In most cases they take a recorded statement from the injured worker. If the injured worker is not available it may be weeks after the accident.
Although we generally allow recorded statements of our clients, it is not mandatory that you do so. The recorded statement is to help the investigator gather facts to make a determination of your claim. Your statement could affect the compensability of your claim, the accepted conditions or if you have disability. If they have told you that your claim is already being denied, all you are doing is providing them an opportunity to collect evidence against you.
If you allow the investigator to take a recorded statement there are a few keys that you should follow:
a) Make sure you are alert and clear headed at the time of the statement (shortly after accidents, many are affected by medications);
b) Give a clear statement as to how you were injured and ALL the body parts
c) Anything you don’t know or remember, answer that you don’t know or remember;
d) Ask them to explain any question you don’t understand;
e) Answer all questions truthfully, especially in regards to your history of injuries and treatment; and
f) Stay polite, you do not help your cause by arguing with the investigator.
Always remember that a Texas Workers’ Compensation claim is a legal matter. Anything information you provide can be used by the insurance company. When making a legal determination, always have advice from a competent professional.
The Morris Law Firm, (214)357-1782 firstname.lastname@example.org