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Claim Guidance

What Not to Say to a Workers' Comp Adjuster

Quick answer

The answers that damage a workers' compensation claim are usually helpful guesses, not dishonesty: estimating distances you are unsure of, saying you are "fine" as a courtesy, or speculating that an old injury "might" be related. Answer only what is asked, say when you do not know, describe specific limitations, and correct anything inaccurate in writing.

In Maryland, Virginia and the District of Columbia — three of only five US jurisdictions applying pure contributory negligence — any fault attributed to the injured person bars a civil claim against a third party entirely. US Department of Labor — Workers' Compensation

Almost nobody damages their own claim by lying. They damage it by being helpful — filling silences, guessing at details they are not sure of, and being polite about how they feel. The adjuster is not your adversary, but the conversation is being written down, and some perfectly natural answers are very hard to walk back.

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Reviewed by Gerald Lee Cross Jr, Managing Partner · Cross & York LLP

Why ordinary answers cause the problem

An adjuster is assembling a file. Everything in it — the first report of injury, any recorded statement, medical notes, your description of what you can and cannot do — becomes the record against which everything later is measured. If your account shifts, even for an innocent reason, the shift itself becomes the issue.

That is why the damaging answers are usually guesses offered in good faith rather than anything dishonest. You were not certain how far you fell, so you estimated. You did not want to seem difficult, so you agreed with a summary you had not read carefully. Months later the estimate is treated as a measurement and the summary as your account.

The answers that cause the most trouble

These come up repeatedly, and each has a straightforward alternative.

  • "I'm fine" — said as a greeting, recorded as a report on your condition. Describe what actually hurts and what you cannot do.
  • "About six or seven feet, I think" — a guess becomes a measurement. Say you are not sure, and that the site or the incident report will show it.
  • "I might have tweaked that shoulder years ago" — speculation about an old injury is the foundation of a pre-existing-condition defence. Say what you have actually been treated for, and nothing beyond that.
  • "It was my own fault" — fault is not your assessment to make, and in a handful of states any fault on your part defeats a civil claim entirely. Describe what happened, not who you think is to blame.
  • "Yes, that's about right" — agreeing to a summary you have not read. Ask for it in writing and read it before confirming.
  • "I can probably manage that" — an aspiration recorded as a capability, which can end wage benefits. Describe what you can do today, not what you hope to manage.

Recorded statements

A request for a recorded statement is normal, but the timing is usually theirs rather than yours. There is generally no need to give one the moment you are asked. Reasonable and uncontroversial requests: ask what it will cover, ask to schedule it, and ask for a copy afterwards.

Distinguish who is asking. Cooperating with your own employer's workers' compensation insurer is generally expected. A third party's liability insurer — a contractor, an equipment manufacturer, a driver's insurer — is a different matter, and you are usually under no obligation to speak to them at all.

What to do instead

  • Answer the question asked, and stop there.
  • Say "I don't know" or "I'm not sure" when that is the truth. It is a complete answer.
  • Describe your condition in terms of specific limitations rather than general adjectives.
  • Keep your own dated note of what was discussed, and with whom.
  • Read anything before agreeing to it, including your own statement.
  • Correct mistakes in writing as soon as you notice them.

Where this matters most

In Maryland, Virginia and the District of Columbia the stakes are higher than elsewhere, because those jurisdictions still apply contributory negligence — any fault attributed to you defeats a civil claim against a third party entirely rather than reducing it. An offhand "I should have been more careful" carries real consequences there. See Maryland, Virginia and Washington DC.

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Legal Notice: The information on this page is for general information only and is not legal advice. Every case is different. Prior results do not guarantee a similar outcome. Laws vary by state and individual circumstances affect all legal claims. Contacting this firm does not create an attorney-client relationship. This content may be considered attorney advertising.

Frequently Asked Questions

Do I have to give a recorded statement to the adjuster?

For your own employer's workers' compensation insurer, cooperating with the claim is generally expected and refusing outright can cause problems. That is not the same as agreeing to be recorded on the spot. You can ask what the statement will cover, ask to schedule it rather than give it immediately, and ask for a copy afterwards. For a third party's liability insurer — a contractor, manufacturer or driver — you are usually under no obligation at all, and giving one unprepared rarely helps you.

What if I already said something wrong?

It is rarely fatal, and the worst response is to leave it. Correct it in writing, promptly, and say plainly what you got wrong and what the accurate position is. A contemporaneous correction is far easier to explain than a contradiction discovered months later at a hearing. If you have already given a recorded statement, ask for a copy so you know what is actually in it rather than what you remember saying.

Can what I post on social media affect my claim?

Yes, and it is checked. The problem is rarely dishonesty — it is context collapse. A photograph of you at a family event says nothing about how you felt the next day, but it can be presented as though it does. The safest position while a claim is open is not to post about your health, your activities or the accident, and not to accept new connections you do not know.

Should I say I am "fine" when asked how I am?

It is an ordinary courtesy and a genuinely damaging answer. "Fine" is recorded as a report of your condition, not as a greeting. Answer the question that was actually asked — what hurts, what you cannot do this week, what has changed since the last conversation — and if you are having a better day than usual, say that rather than describing it as your baseline.

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