My clients here in Mississippi are often shocked when they are contacted by their employer’s insurance company’s claim investigator. I always tell them that insurance companies cannot simply hand out money to anyone who claims to be injured. They have a job to do—to make sure that the injured party was truly injured on the job. With the help and guidance of an experienced personal injury attorney, your interaction with a worker’s compensation claim investigator should not be a source of angst. On the other hand, if you try to go it alone, inadvertent pitfalls could spell disaster for your claim.
If you or your family member has been injured at work, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured. Contact us now at (800) 707-9577.
Because I get so many calls about interactions with worker’s compensation insurance investigators, I wrote the following post answering the most common questions I receive. I have also provided a link to the Mississippi Worker’s Compensation Commission’s “Worker’s Compensation Facts” information sheet; it has useful information on this topic as well.
Is it legal for my employer to have an investigator ask me questions about my claim?
Yes. Your employer’s insurance company has a duty to investigate claims. They either have to accept or deny a claim within a few months. To meet that deadline, they have to make a decision based on evidence they gather, some of which only you have.
If the insurance company has accepted your claim, they may still want to take your statement to complete the file. Additionally, companies—good companies in particular—are interested in the root cause of injuries so that similar incidents can be prevented in the future.
Who is the claims investigator?
It depends. A claims investigator may be an internal risk management employee for your company that specializes in claims management. He or she may also be an employee of your company’s insurance company or a private, third-party investigator.
Do I have to speak to the claims investigator?
No. If a claims investigator is hired, the company may have already decided to deny your claim and there is no point in speaking with the investigator. That said, other times presenting your truthful side of the story to an investigator can be helpful.
Remember, a claims investigator has conducted hundreds of interviews–this is likely your first. The best course of conduct is to work with an experienced worker’s compensation attorney to prepare for the questions you will most likely be asked. Contact an experienced worker’s compensation attorney immediately for advice when a claims investigator contacts you as you will not have a lot of time to decide whether or not to engage in the interview.
How long do I have to file my claim?
In Mississippi, employees are urged to file claims within 30 days. But I would suggest that is far too long. If you wait 30 days, you invite your company’s insurance company to question the validity of your injury. Legally, you have two years to file a claim before the “statute of limitations” bars it.
What Should You Do If You or a Loved One Has Been Injured on the Job?
If you or a loved one was injured at work, you might have a viable claim for compensation for your injuries, medical bills and loss of employment through worker’s compensation. Let experienced counsel help you prepare for an interview, keep track of evidence, and deal with your employer’s insurance company. These are essential tasks that a worker’s compensation attorney can handle for you while you concentrate on healing.
Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you have suffered an injury at work. Contact us now at (800) 707-9577.
