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Should I Speak To The Insurance Company About My Injury?

The simple answer is NO! The insurance company represents your employer. They are in the business of saving your employer money. The adjuster has been trained to obtain information from you that may be used to deny your claim or to reduce the benefits payable to you. Since there is no legal requirement for you to speak with them, you should politely refuse to do so.

As you have learned under the section "Is My Injury Covered Under Virignia Workers' Compensation Law", not all injuries on the job are covered. Therefore, the adjuster will often phrase their questions in a manner in which you are encouraged not to provide all of the relevant facts. Any failure by you to do so will be used against you. This is why the adjuster will often ask permission to record their conversation with you. Recording your statements does not benefit you - only the insurance company!

Even if the insurance company has accepted your claim you still should not speak directly with the adjuster. This is for several reasons:

  • Anything you say may be used against you,
  • You may inadvertently provide information that the adjuster has no legal right to know; or
  • When you are the victim of an injury it is very difficult to maintain objectivity and respect. However, your failure to do so may well cause the adjuster to look for ways to deny you benefits!
The bottom line is that the insurance company and you generally have opposite interests. You want to be treated fairly and with dignity and respect. The insurance company has only one main interest - to reduce the amount your claim will cost them. We seriously doubt that you would play poker without knowing the rules before the cards are dealt and the betting begins. Therefore, since your Workers' Compensation claim often involves the highest stakes, you should never risk any conversation with the insurance adjuster! They know the rules - you do not!