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Is it a good idea to let the worker's comp insurance company take the lead?

Posted by attorney Mitchell Sexner

When an injury occurs, the worker should immediately inform the employer, supervisor, human resources department manger or general contractor both orally and in writing if possible. This is very important to protect the injured worker’s rights and should be done very promptly.

Once the employer has been notified of a possible injury, the very first thing that the employer will usually do is to contact their worker’s compensation insurance company. This is normal. After all, the employer has paid premiums every month to their insurance company to protect them in the event that an employee becomes injured on the job. If a monetary settlement is later made to the worker, the money will come from the insurance company and not from the employer.

You may have the best employer on the planet and you may have worked for this company for many years. Your boss may be your best friend and may be someone you feel is completely trustworthy. The problem is that your employer will not be the one “calling the shots" with respect to your injury claim anymore. It’s now out of their hands. It’s the insurance company’s money that’s now at stake and they will make all the decisions from here on out.

Unfortunately, insurance companies are not in the business of doing the right thing or rewarding your hard work. They are not your friend and they are not your employer. They are merely a company that will have a considerable impact on whether you receive fair compensation for your injury or not. They’re in the business of paying as close to zero money as possible to satisfy their shareholders. Their business profits are higher if they pay out less money. That’s true for any business and especially true for insurance companies.

For these reasons, it’s obviously important to determine whether it’s a good idea to allow the insurance company to help “guide" you through this process or whether hiring an attorney might be a better idea.

Additional resources provided by the author

If you or a family member has suffered a accident or injury, we urge you to contact an experienced attorney. Such an attorney will carefully evaluate your case and explain the legal options available to you at no charge.

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