Posted on August 7, 2009 by Mike Helfand

Five ways to hurt your claim

If you read this blog you will see over and over that we preach if you are honest your case will work out just fine.  That said, you can be honest and still hurt your case.  Here are five examples from recent cases where a legitimately injured worker didn't help themselves:

1. Stop smoking.  If your doctor tells you to quit smoking and your failure to do so makes it harder for you to recover, don't be surprised if the insurance company tries to end your benefits.  Smoking hurts circulation which can make it harder for a surgery like a lumbar fusion to work.

2. Cooperate with vocational rehabilitation.  If your employer can't provide you a job and you have restrictions, they have to work with you to find a new job.  Sometimes this can be a tedious process.  You might have been a laborer your whole life and now they want you to work on a computer.  Give it your best.  Failure to do so could cost you tens of thousands in the long run.

3. Don't miss doctor's appointments including physical therapy.  Like the smoking example, this could be seen as not cooperating with reasonable medical advice and could cause your benefits to be suspended.

4. Return phone calls to your lawyer.  We are here to help you.  If you don't communicate with us there is nothing we can do for you.  Be a team player with us.  It doesn't happen a lot, but we are always shocked when a client doesn't respond to calls.

5. Don't give a recorded statement.  This typically is attempted before you have an attorney.  Often an insurance company will do this and twist your words against you or ask questions at an inappropriate time like when you are in the hospital.  You don't have to give a statement.  It won't impact your case in any way.  If they have questions for you it should be in writing and go through your attorney.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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Comments (1) Read through and enter the discussion with the form at the end
Jason Thames - August 11, 2009 3:34 PM

If I did give a recorded statement do I have a right to get a copy of it?
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WE RESPOND: Yes you do and if they don't provide it we can subpoena it and get a copy as part of our work on the case.

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