Recorded Statements and Depositions in the Virginia Workers’ Compensation Commission скачать в хорошем качестве

Recorded Statements and Depositions in the Virginia Workers’ Compensation Commission

Jonas Callis of the Hurt At Work Workers Compensation Law Firm (www.hurtatworkinva.com): The following is for informational purposes only and does not constitute legal advice to anyone or create an attorney-client relationship with anyone. “Recorded Statements” Soon after a workplace accident, information about the injured worker’s accident will be forwarded to an insurance claims adjuster for review. The insurance claims adjuster works for the employer’s workers’ compensation insurance company (or for a third-party administrator). The adjuster ultimately decides if the insurance company accepts your workers’ comp claim, either in full or in part. In order to make this determination, the claims adjuster will typically, among other things, contact the injured worker to request that she/he give a recorded statement about the accident and her/his injuries. A "recorded statement" is a question-and-answer session, typically by telephone (and typically with the adjuster asking many of the questions and guiding the direction of the question-and-answer session). This “conversation” will be recorded. Although a recorded statement may seem like the perfect opportunity to tell your story to the insurance company and explain why you’re entitled to workers’ compensation benefits, it is often used as a trap in an effort to develop evidence against the injured worker. What injured workers must keep in mind is that insurance claims adjusters take recorded statements on a regular basis, and HAVE BEEN TRAINED HOW TO DO IT BY ATTORNEYS - I KNOW, BECAUSE I USED TO TRAIN THEM. By contrast, for most injured workers, this is the only recorded statement they will ever give. Should You Give a Recorded Statement After Your Work Injury? Hopefully, you now understand the risks involved with an injured worker agreeing to give a recorded statement to a workers’ compensation insurance claims adjuster. A worker who has not studied the details of Virginia’s workers’ compensation laws may not present her/his case in the most favorable light. Of course, the injured worker should understand that if they refuse to give a recorded statement, their claim for benefits likely will be denied (if it hasn't already been). IF the injured worker understands the risks of giving a recorded statement to the workers’ comp insurance adjuster, but AGREES to give a record statement anyway, she or he should know that the recorded statement will proceed in ROUGHLY the following manner: Initially, the insurance claims adjuster may seem pleasant, helpful, and reasonable, and may advise the injured employee that she needs a recorded statement simply in order to complete her investigation. She will make it seem like the recorded statement is merely a formality. During the recorded statement, the adjuster will then ask you questions about many (or all) of the following topics: • Your height and weight • Your education, work history, and income • Your marital status • Your finances • Details about your relationship with your employer and your job duties • Your workplace accident and injuries and medical treatment • The reporting of your work injury • Whether there were any safety precautions applicable to your accident • Whether you used any drugs or alcohol in the 24 hours before the accident • Your current work status • Your overall health, including whether you suffer from any chronic conditions or old injuries, especially to the same body parts injured in the workplace accident • Whether you’ve ever been involved in a motor vehicle accident or other significant accidents • Whether you had any disciplinary problems with the employer • Whether you’ve been fired from a job before For good reason, most injured workers feel as though the recorded statement is very invasive. The adjuster is looking for a way to deny your claim – either because of a pre-existing, underlying condition; a failure to timely report the accident and injury to your supervisor; and/or because of how the accident itself actually happened. In addition, the adjuster is trying to determine whether your financial situation is desperate enough that delaying payment or denying the claim could result in your accepting a low-ball settlement offer. Depositions 99% of this content as it pertains to recorded statements is also true about depositions, except the depositions will be conducted by an attorney instead of a claims adjuster, and the deposition will be taken under oath. The deposition will be transcribed by a court reporter. You can prepare for a deposition in much the same manner you would prepare to give a recorded statement. While you may decline to give a recorded statement to an adjuster, you cannot simply opt out of a deposition if and when requested by the attorney for the employer and/or its workers’ compensation insurance company. So, if you receive a “Notice of Deposition,” you cannot simply ignore it, although you may be able to reschedule the deposition.