WHAT SHOULD I DO IF THE INSURER APPOINTS AN INVESTIGATOR AND WANTS A STATEMENT FROM ME?
In workers compensation claims it is not uncommon for the insurer to arrange an investigator to meet up with you, usually in your house, for the purpose of obtaining a statement about your workplace injury.
The insurer investigator can request to obtain a statement from you and the statement will ultimately assist the insurer in determining whether they accept liability in your claim. It is usually in your best interest to meet with the investigator and give them your recount of how your injury occurred. However, you must be careful that the investigator doesn’t put words in your mouth and that what is recorded is 100% correct.
DO I NEED TO SIGN THE STATEMENT?
NO! Most investigators will request you sign the statement urgently. We advise that you do not sign any investigation statement before first reading it thoroughly and seeking advice from a lawyer. This is because the insurer will often paraphrase what you have said or change some of the facts and circumstances surrounding your injury which may not reflect what actually occurred and may be in favour of the insurer.
It is important to have an accurate statement as if the insurer declines your claim on the basis of the signed statement, which is wrong, it will be harder for you to challenge the decision as you have already agreed to the incorrect statement.
Thinking about getting a lawyer? Read more here.
WHAT TO DO IF THE INSURER IS PRESSURING ME FOR A STATEMENT?
Here are the things you should do: -
- Request a copy of the statement in word format
- Make any changes to the statement
- Don’t be afraid to delete what the investigator has written and write what really happened
- If it is completely wrong draft a whole new statement!
- Contact a lawyer to discuss the statement
Signing a statement seems like such a small thing to do, but in workers compensation claims it can make a big difference when it comes to challenging the insurers decision.
It is best to read all documents that the insurer puts in front of you, and if you don’t understand it or are not sure whether you should sign the document seek the advice of an Accredited Specialist in Personal Injury Law.
It is also important to remember that workers compensation claims are funded so you don’t need to pay for any legal advice in relation to your workers’ compensation claim.
GOT MORE QUESTIONS ABOUT YOUR WORKERS COMPENSATION CLAIM?
No problem! Contact Garling & Co Lawyers today for advice and a free case assessment.
GARLING & CO 2019
About Matthew Garling
Matthew Garling, Founder of Garling & Co is a NSW Law Society Accredited Specialist in Personal Injury Law. He specialises in compensation law and has acted on behalf of thousands of injured people in work accidents, motor vehicle accidents and negligence cases over the last 20 years.
About Renee Lawes
Renee Lawes is a Solicitor of the Supreme Court of NSW and has been working alongside Matthew Garling at Garling & Co Lawyers for over five years. Renee’s areas of interest are Medical Negligence and TPD claims.
Over the last five years Renee has helped secure many injured clients the compensation they deserve for their injuries.
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