Legal Question in Workers Comp in Missouri

carpul tunnel

a lady from insurance co. called to set up appt. to have a 30 min recorded call about my claim. Do I speak with her? what should or shouldnt i say.


Asked on 1/28/09, 7:20 pm

3 Answers from Attorneys

Robert Curran Curran Law Firm

Re: carpul tunnel

Don't have enough info to understand your whole situation, but short answer is no, don't do it. Ins. cos. do this to try to get you to give them enough info to use to plausibly deny your claim. You need an attorney to represent you. If you don't get one, they'll probably deny your claim, and you'll have given them enough info to do it. If you don't know the rules, you can't defend their (frequently baseless) attacks.

This is from my web site, www.CurranLawFirm.com, at

http://www.curranlawfirm.com/PracticeAreas/What-to-Do-After-Accident.asp:

10. DO NOT give a recorded statement to anyone. People are sometimes confused by this advice, thinking, �If I'm only going to tell the truth, why shouldn't I give the insurance company a recorded statement?� The truth is that insurance companies don't want a recorded statement from you to honestly figure out who is at fault; they can do that from a conversation with you without recording it. The only reason they want to record your statement is so they can use it in court against you later. They know that no one's memory is perfect and can change somewhat. If I inter�viewed you today about an accident that happened yesterday, and then inter�viewed you again a week from today, asking the same questions, you would probably have minor changes in your story, even though you did your best to tell the truth both times. The insurance company is trying to create evidence that your story has changed, solely for the purpose of making you look like a liar. And here's how I prove it to my clients: Instead of refusing to allow them to take a recorded statement from my client, I frequently send the insurance company a letter saying that I will allow them to take a recorded statement from my client, as long as they simultaneously allow me to take a recorded statement from their insured. In all the years I have been doing this, I have never once had an insurance company take me up on that offer. They're not trying to get at the truth. They�re just trying to get as much ammunition as they can to use against you and minimize the value of your claim.

Good luck.

Rob Curran

Curran Law Firm

Springfield, Missouri 65810

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Answered on 1/29/09, 1:03 am
Spencer Farris The S.E. Farris Law Firm

Re: carpul tunnel

I can't tell enough about your case from the facts you have given. However, it is never a good idea to speak to an insurance company when you aren't represented by an attorney. Claims adjusters are professional folk who spend their days trying to minimize claims. Workers' Compensation pays too much for small injuries, but does not pay enough on a major claim like yours. You need a lawyer to help you maximize your recovery.

Call me, or any experienced trial attorney for help. I am happy to discuss the matter with you for free.

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Answered on 1/29/09, 10:45 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: carpul tunnel

The lady from the insurance company has been trained and is an expert at taking statements from injured employees in such a way so as to minimize the amount of money the insurance company will be paying. Have you been trained in how to make such a statement to maximize your compensation? I would strongly advise you to consult with a worker's compensation attorney before making any statement. Most attorneys will be happy to offer you a consultation for no charge, and if you elect to hire an attorney to represent you the attorney will work on a contingency fee basis, so you will not have to pay the attorney out of your pocket. The attorney will do whatever is necessary to make sure that the employer and the insurance company respect your legal rights and follow the law. The attorney will do everything possible to be sure that you receive more money even after the attorney's fee is deducted than you would ever receive on your own. Please take my advice and hire an attorney. If you do not know one, you may call me and I will refer you to one of the very best.

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Answered on 1/29/09, 11:14 pm


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