What Should I do if a Workers’ Compensation Investigator Contacts Me?
The claims administrator on your workers’ compensation case has a duty to investigate your claim in order to deny or accept liability within the first 90 days when they become aware of it. This means the investigator he or she hires is allowed to contact you for the purposes of conducting this investigation. The investigator you speak with could possibly be a private investigator or an internal investigator and, in many cases, these individuals are retired law enforcement personnel.
Below is a list of tips for you to consider in the event that you are contacted by the workers’ compensation investigator on your case:
- If I have an attorney, am I obligated to speak to the investigator? While the investigator has every right to contact you, you also have the right to not speak to him or her, regardless if you have legal representation. That said, if you would like to speak to the investigator, always seek the advice of your attorney first.
- What can I expect the investigator ask? You can expect the investigator to ask you questions about the injury itself as well as background questions. If you choose to speak to the investigator and refuse to answer certain questions, it is possible that the claims administrator might use that as a basis for denying your claim.
- Why is it not advisable to speak to an investigator? Investigators are not bound by the rules of depositions, which means he or she can obtain information that an attorney cannot.
- What are the consequences of not speaking to an investigator? If you refuse to speak to the investigator on your case, it is possible that the claims administrator will deny your claim due to lack of cooperation. However, chances are that, since an investigator was hired, your claim would have likely been denied anyway.
- If I give a statement to an investigator, can it be used against me in my workers’ compensation case? Your statement will contain facts and representations about prior injuries and accidents, how the accident happened, and any medical complaints you have. It can be used to compare against any other statements you might provide to attack your credibility and it can also be sent to examining or treating doctors.
Workers’ Compensation Attorneys in Orange County
If you were injured at your place of work, you need to hire skilled legal representation as soon as possible to ensure you are able to obtain the workers’ compensation benefits to which you are entitled. At Alvandi Law Group, P.C. in Orange County, our team of attorneys are backed by over three decades of experience and a proven track record of success. With a practice that is entirely dedicated to workers’ compensation cases, you know you can rely on us to effectively represent you.