Factors Insurance Adjusters Use To Evaluate Workers’ Compensation Claims in an Attempt To Find Ways To Attack the Claim
Workers suffer injuries and illnesses while on the job all the time. Thankfully, the workers’ compensation system is in place to protect workers who suffer injuries or illnesses while on the job. Workers’ compensation protects employees who become ill or injured due to their job while safeguarding employers from potentially crippling financial consequences. After suffering a work-related injury or illness, you can file a workers’ compensation claim and recover compensation for, among others, medical expenses and part of your lost wages. Luckily, workers’ compensation is a no-fault system, which means you can recover benefits even if you did something that contributed to you suffering your illness or injury.
After you file a workers’ compensation claim against your employer’s workers’ compensation insurer, your case will be assigned to an insurance adjuster. The truth is that while you are entitled to workers’ compensation benefits, the process of recovering compensation will not be easy. The insurance adjuster will do everything possible to devalue or deny your claim. Most insurance companies are focused on making profits and can’t do so if they keep paying out huge sums of money to claimants. While evaluating your workers’ compensation claim, the insurance adjuster will consider several factors in an attempt to find ways of attacking your claim. The following are some of the factors insurance adjusters use to evaluate workers’ compensation claims to find ways to attack the claim:
#1: Whether You Have an Attorney
The first factor the insurance adjuster will evaluate in an attempt to find ways to attack your claim is whether you have an attorney. And not just any attorney. The insurance adjuster will look at who the lawyer is on your claim. To an insurance adjuster, an unrepresented claimant or a claimant with an inexperienced attorney is an opportunity to settle a claim below its full value. For this reason, it is best to avoid handling your workers’ compensation alone without legal help. It is best that you retain an experienced workers’ compensation attorney. A skilled attorney can fight any tactics the insurance adjuster tries to use and get you the compensation you deserve.
#2: Whether You Have a Pre-Existing Condition
The insurance adjuster will look at whether you have any pre-existing conditions. If you have a pre-existing condition, the insurance adjuster may argue that you are not eligible for workers’ compensation benefits. However, according to the law, if, for example, a work accident aggravated your pre-existing condition, you are eligible for workers’ compensation benefits.
#3: Whether You Have Ever Filed a Workers’ Compensation Claim
The insurance adjuster will look at whether you have ever filed a workers’ compensation claim. While there is nothing wrong with filing a workers’ compensation claim more than once, if the insurance adjuster finds that you have ever filed a workers’ compensation claim, they may use that information to attack your claim’s credibility or the compensability of your claim.
#4: Your Character Evidence
Another thing the insurance adjuster may look at is your character evidence. The insurance adjuster may use any negative information they find, such as a criminal record or a termination, to attack your credibility.
Contact a Chicago Workers’ Compensation Lawyer
If you’ve suffered a work-related injury or illness and are looking for a workers’ compensation lawyer in Chicago, contact Connolly Injury Law to talk to our lawyer about your claim.