Secret 2: Any Statement Given By You Will Very Likely Be Used Against You.
"You have the right to remain silent. Anything you say can and will be used against you.” We have seen enough television shows that most of us can recite the Miranda warning given by police officers when a person is detained for a criminal offense. Although a personal injury/workers’ compensation claim is a civil action, the same principle applies. A claims adjuster is required to conduct an investigation and to make decisions that affect whether the insurance company will issue money or benefits. The adjuster will often insist that you answer a series of questions that pertain to the facts surrounding the accident, the extent of your injuries, and a history of prior claims or injuries. Many times the interview is recorded. The adjuster usually explains that the recorded statement is a necessary “hurdle” that must be jumped in order for the investigation of the claim to take place. The adjuster rarely warns you that the comments or statements you provide in the recorded interview may produce the consequence of diminishing the value of your claim or outright denial of it. Each case is uniquely different. Arm yourself with the knowledge that the recorded statement is for the insurer’s benefit. Be assured the conclusions the adjuster draws from the recorded statement will affect future payment or nonpayment of your claim.
Many cases are denied based on the adjuster’s discovery of the fact that the injured worker had pre-existing pain or a pre-existing medical condition.
See Secret 3: How Insurance Companies Can Use Prior Medical Conditions