I was contacted by my insurance adjuster for a workman's comp claim but I read beforehand that giving a recorded statement is not recommended, so I declined giving a recorded statement but answered the questions he gave me during our telephone conversation. But now I'm afraid that because I didn't give a recorded statement, there's a possibility of denying my claim. Should I ask if I can give a recorded statement in writing instead?
I do not think giving a statement versus a recorded statement will change the insurance company’s decision as to whether to accept your workers’ compensation claim. Although partially for fact gathering, one reason they like to take a statement of the claimant (injured worker) is to see if he or she will tell them anything not only that may result in the denial of the claim but will say anything untrue. Under Florida law, if the claimant makes a false statement in order to obtain workers’ compensation benefits, all workers’ compensation benefits can be denied from that point on. It would be easier for them to prove you said something untrue if it is recorded which is a major reason they like to take recorded statements. If everything you told the person is true, I do not think you jeopardized your case by refusing to have it recorded.
Disclaimer: The above does not constitute legal advice. It is the opinion of the author and is based upon facts which may be incomplete. No attorney/client relationship is formed by this discussion. You should consult an attorney with questions about your particular situation.
I couldn't answer this question fast enough!! They will not necessarily deny your claim because you didn't give a recorded statement. They will however use whatever information that you gave to decide whether to accept the claim or not. Is there some question as to whether the accident/injuries should be accepted? My suggestion is that you immediately hire a WC attorney (I recommend Board Certified in workers' compensation, but, not as a rule). The employer and carrier are right now determining your rights and no one is on your side. You have many rights and responsibilities in workers' compensation and you cannot navigate those waters alone (see Castellanos v. Next Door Company which states "And although there is a “mutual renunciation of common-law rights and defenses by employers and employees alike,” § 440.015, Fla. Stat., the employer under the workers' compensation law has the prerogative to raise a whole host of defenses to denying benefits, while the employee is at the mercy of the E/C in being required to see the doctors that are chosen by the E/C. As this case shows, to navigate the current workers' compensation system, after a denial by the E/C of benefits, would be an impossibility without the assistance of an attorney. The JCC explicitly found as much in this case."
There is also the sad fact that many injured workers are systematically terminated by their employers.
Contact a qualified attorney immediately is my advice.
I agree with my very smart colleagues above. If a carrier wants to deny a case they will find a way to do so with or without you agreeing to give a recorded statement. The more important concern is being truthful in what you did say. Don't waste energy on overthinking what already happened. No sense in beating yourself up.
The response to this question is not intended to serve or substitute as legal advice to the inquirers question as too often vital facts may not have been provided which may greatly impact the response given.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline