After a workplace injury, you may be contacted by a workers’ compensation adjuster. These adjusters work for the insurance company, and their job is to investigate claims and decide what benefits will be paid. While they may seem friendly, it is important to remember that their main goal is to save money for the insurer, not to protect your interests.
At Rob Levine Law, we know how stressful it can be to talk with an adjuster when you are already dealing with pain, lost wages, and uncertainty. What you say can have a direct impact on your case, and even small comments can be misunderstood or taken out of context. Below are some common mistakes to avoid when speaking with a workers’ compensation adjuster.
Avoid Admitting Fault or Downplaying the Injury
Even if you think you might share some responsibility for your injury, do not admit fault. Massachusetts and Rhode Island workers’ compensation systems are generally no-fault, which means you can still receive benefits regardless of who caused the accident. Admitting fault gives the insurer an excuse to challenge your claim.
Similarly, avoid minimizing your injury. Saying things like “It’s not that bad” or “I’ll be fine soon” may sound polite, but adjusters can use those statements to argue that you do not need full benefits. Be honest, clear, and focus on the facts of your medical condition.
Do Not Guess or Provide Incomplete Information
If an adjuster asks about your injury and you are unsure of the answer, never guess. Saying “I think” or “maybe” can create inconsistencies that harm your credibility. Instead, explain that you do not know and that you will provide the correct information later.
It is also important not to leave out details. For example, if your injury affects more than one part of your body, be sure to mention everything. Adjusters often look for gaps in your statements to challenge your claim.
Do Not Discuss Your Medical History Without Guidance
Adjusters sometimes ask about past injuries or medical conditions. While they may frame this as routine, sharing too much can hurt your case. If you mention an old injury, the adjuster may argue that your current condition is unrelated to work.
You should limit your statements to the current injury and treatment. If an adjuster wants access to your full medical history, you have the right to seek advice before signing any documents.
Avoid Speculating About Returning to Work
Many injured workers feel pressured to say they hope to get back to work quickly. While it shows commitment, it can also undermine your claim. If you say you expect to return in a week but your doctor later extends your recovery, the adjuster may suggest you are exaggerating or dragging out the process.
Let your medical provider make the decisions about when and how you return to work. Stick to what your doctor has advised, and do not speculate.
Do Not Agree to a Recorded Statement Without Advice
An adjuster may ask if they can record your statement. While this may seem like a routine request, recorded statements can be used against you later. If you make a small mistake, leave out a detail, or phrase something in a confusing way, the recording can be replayed and used to challenge your credibility.
Before agreeing to anything in writing or on tape, you have the right to speak with an attorney. It is better to be cautious than to have your words misinterpreted.
Avoid Talking About Non-Work Activities
Sometimes adjusters ask about your daily life, hobbies, or activities outside of work. This may feel like small talk, but they are often looking for reasons to argue that your injury does not limit you as much as you claim. For example, if you mention doing yard work or playing with your children, they may suggest you are capable of heavier tasks at your job.
Keep the conversation focused only on your workplace injury and medical treatment.
Do Not Accept Settlement Offers Too Quickly
In some cases, an adjuster may offer you a settlement early in the process. While it may be tempting to accept money quickly, early offers are often much lower than what you may need to cover long-term medical care, lost wages, or permanent disability. Accepting too soon can leave you without support later.
Before agreeing to any settlement, review it carefully with a qualified attorney who can help you understand whether it truly meets your needs.
Protect Yourself With Support
The workers’ compensation process can feel unfair, especially when you are asked questions that could be used against you. Having an experienced advocate on your side can make a major difference. At Rob Levine Law, we help injured workers in Massachusetts and Rhode Island handle communications with insurance adjusters, gather strong evidence, and pursue the benefits they need to recover.
Call (800) 742-3920 or reach out online. Our workers’ compensation lawyers will review your situation, explain your options, and advocate to protect your rights.
