When you have what seems like a pretty straightforward claim for workers’ compensation, it can come as a surprise to have the workers’ compensation insurance company or your employer challenge the claim. It’s important to understand that both your employer and the insurer have a vested interest in minimizing or avoiding any payment to you. For the insurer, it cuts directly into profits. For your employer, it will likely lead to higher insurance premiums.
One of the most common ways a workers’ compensation claim will be contested is with video evidence. Workers’ compensation insurance companies often send a private investigator out to observe claimants, typically with a video camera. If the investigator can get footage of you doing something that calls your injury into question, or that appears inconsistent with your claim, it can be introduced to diminish or deny your claim.
The best way to avoid this type of situation is to be as honest as possible at all times. Don’t try to exaggerate the extent of your injury in an effort to ensure you get workers’ compensation benefits. Tell the doctor exactly what you can and cannot do. In addition, don’t try to be macho or stoic, or try to be a strong example to your children or anyone else. Accept that you’ve been hurt and there are things you should not be doing, if you want to get better. Make certain your friends and family understand that, too.
Contact Our Office
At the Cintron Firm, LLC, we bring more than 14 years of experience men and women in New Jersey who are involved in or contemplating filing for divorce. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.