Common Tactics Used by Insurers in Chicago Workers’ Compensation Claims

People often forget that although workers’ compensation is a government program, it is backed by insurance companies. These companies are for-profit enterprises, and they will not approach insurance claims with a charitable or benevolent mindset. Instead, the goal of each insurance company is to make as much money as possible. What kinds of strategies might an insurer utilize when attempting to achieve this goal? Can a workers’ compensation lawyer in Chicago help you push back?

The Pre-Existing Injury Strategy

One common strategy involves claiming that your injuries are pre-existing. This is a relatively straightforward approach, and it may apply if your accident affected a part of your body that has been injured in the past. For example, you might have sprained your wrist playing tennis a few weeks before getting your hand caught in machinery at work.

In this situation, the insurer might try to deny your claim, arguing that your wrist injury stems from the tennis game (and not the machinery accident). Your lawyer can push back against these tactics, establishing clear links between the injury and your work-related accident. Even if the accident made your existing injury worse, it should still be compensable under workers’ comp laws.

Insurers May Argue That Your Injury Is Not Work-Related

Another related strategy is to argue that your injury is not work-related. For example, the insurer might point out that you were not on the premises of your workplace when the accident occurred. However, you may have been instructed to leave by your supervisor (perhaps to grab coffee for the team). In many situations, accidents that occur off work premises are still compensable. 

The Lowball Settlement Offer

Insurers tend to offer lowball settlement offers when negotiations begin. The strategy is designed to catch you off guard, and the adjuster undoubtedly hopes you’ll accept. The problem is that this offer is probably too low to cover your damages. Consider consulting with a workers’ comp attorney to determine how much you are actually entitled to receive.

Insurers Often Carry Out Surveillance on You

Insurance companies frequently hire private investigators to watch you in public. Although this might seem completely illegal, there is nothing inherently wrong with documenting what you do in public. If an investigator photographs you exercising or partying when you are supposed to be injured, this can seriously damage the legitimacy of your claim. 

Stalling Tactics Are Common 

Stalling tactics are also very common. The longer an insurance company stalls, the more desperate you typically become. As a result, you may become increasingly more willing to settle your case and accept a lowball offer. This is entirely by design.

Can a Workers’ Compensation Lawyer in Chicago Help Me?

A workers’ compensation lawyer in Chicago may be able to help if you’re facing any of the strategies mentioned in this article. In an ideal world, you should be able to access the compensation and treatment you need without much of an issue. In reality, insurers often make this process needlessly difficult. Push back and fight for your rights as an injured worker with Connolly Injury Law.

Source: 

iwcc.illinois.gov/