Words Can Harm You in Workers Compensation Claims #1

Smith & Griffith, LLP Team

Words Can Harm You in Workers Compensation Claims #1

Words can harm you in workers compensation claims, not just sticks and stones. In a workers compensation claim, the words you use to describe your accident, your injuries, and your limitations, etc. do matter and they can harm you. In other words, anything you say can and will be used against you in the claim. For example, in a recorded statement with the claims adjuster or in a deposition (this is sworn testimony under oath, usually in an attorney’s office with a court reporter transcribing everything) with the insurance company’s attorney, you may be asked something like “Do you have problems walking up stairs due to your back injury?” Rather than saying “yes”, you may reply something like ” I can’t walk up stairs.”

You meant that it is very painful and hard for you to walk up stairs. The adjuster and/or insurance company attorney knows that too, but they are going to later act like you testified that you literally could not walk up stairs. They will use this innocent statement to make you look like a liar and ruin your credibility in any later workers compensation hearing because you have stairs that you must daily walk up in your home or at work. They might also have video of you walking up stairs some place. Simple mistakes like these can have a major impact in your claim. Words can harm you in workers compensation. The wrong words will harm your claim. There are many other pitfalls like this for unrepresented people. Hiring an experienced workers compensation attorney to represent you in your claim will protect you from making these mistakes.

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