What You Should and Should Not Say to a Workers’ Comp Adjuster in Georgia
Injured worker speaks with a compensation adjuster.

Have you been injured on the job in Georgia? Most employees are entitled to workers’ compensation benefits to offset their losses while they are unable to work. But obtaining full and fair benefits can difficult. It’s important to be careful about what you say to your employer’s insurance company to protect your right to full and fair benefits.

Working with adjusters is part of the territory when it comes to Georgia workers’ comp claims. Their job is to investigate your case and determine what types of benefits that you qualify for. But no matter how sympathetic they sound, remember that adjusters work for the employer’s insurer — not you. They’re supposed to do whatever it takes to reduce your payout.

When you’re going up against a workers’ comp insurer, you need an advocate in your corner. Contact Gregory Smith Law, LLC. For years, our Augusta workers’ compensation lawyer has represented hardworking Georgians just like you.

At Gregory Smith Law LLC, we can communicate and negotiate with insurance adjusters on your behalf. That way, you can focus on what really matters — healing and getting back to daily life again.

Getting help is easy. Just reach out to our law firm today for a free consultation.

What Is a Workers’ Compensation Adjuster?

A workers’ compensation claims adjuster evaluates insurance claims. Adjusters gather information and facts to decide whether an insurance company must pay a claim under the applicable policy and the Georgia Workers’ Compensation Act. The adjuster also determines what types of workers’ comp benefits to pay and how much compensation to offer to settle the claim.

Do I Have to Talk to a Workers’ Compensation Adjuster?

No, you do not have to speak with a workers’ comp adjuster. The information you provide to the adjuster may be used against you to reduce your benefits or deny your claim. That’s where a knowledgeable workers’ compensation lawyer can step in. An attorney knows what information needs to be shared and can prevent an adjuster from asking unfair questions.

If you do decide to talk to an adjuster or give a recorded statement, make sure you tell the truth and carefully consider your answers. Many people accidentally leave out important details during a recorded statement. Your best bet is to let an experienced Georgia workers’ comp attorney handle all communications with the insurance adjuster.

Will I Be Under Oath If I Talk to a Workers’ Compensation Adjuster?

No, but you may be recorded. Remember that you do not have to provide a recorded statement to the adjuster.

What Topics Should I Avoid When Talking to a Workers’ Compensation Adjuster?

The workers’ comp adjuster will likely have a prepared list of questions to ask you. If you are not sure about a particular question, don’t provide an answer until you get clarification. If you don’t know the answer, don’t speculate. Only provide general information about the workplace accident, such as when it happened, where it happened, and the basic nature of the accident.

Always be truthful. The most important questions will likely be related to your medical care. The adjuster will try to find out if you had a pre-existing condition that could keep you from being awarded workers’ comp benefits. A qualified Georgia workers’ comp attorney can guide you through the entire process, advising you on the best ways to answer particular questions related to your claim.

Does the Workers’ Comp Adjuster Have the Final Say on How Much Compensation I Receive?

No. Before a workers’ compensation lump-sum settlement can be finalized, the Georgia State Board of Workers’ Compensation (SBWC) must approve it. After you and the insurance company have agreed on your lump-sum settlement terms, you must submit certain documents to the board for review. Documents may include:

  • Medical records
  • Past, present, and future medical bills
  • A settlement agreement
  • Your company’s report of your injury
  • Attorney fee-related documents

If you present the proper documents, the board can approve your lump-sum settlement and benefits can start being paid.

In cases that involve an award of weekly benefits instead of a lump-sum settlement, the amount is set by statute. The insurance adjuster does not have final say on the amount of weekly benefits. State law does.

Always check with an attorney before your workers’ comp settlement is finalized. He or she can advise whether the settlement will benefit you optimally, both now and in the future.

Should My Lawyer Be Present When I’m Talking to a Workers’ Compensation Adjuster?

If you are contacted by a workers’ comp adjuster, it is strongly advised that you have an attorney present before talking to them. A workers’ comp adjuster will try to get you to settle your case early and for much lower than what you deserve.

Just as you shouldn’t agree to a settlement without a lawyer’s guidance, you also shouldn’t sign off on any authorizations before talking to an attorney. You could accidentally give the adjuster to access to your entire medical history. This could open the door for the insurance company to find health information that could compromise your workers’ compensation claim.

Contact an Augusta Workers’ Compensation Attorney

At Gregory Smith Law, LLC, we know how quickly a workplace injury can put your entire life and livelihood in jeopardy. Let us handle your workers’ compensation case and put together a claim that is accurate, persuasive, and gets you the benefits you need when you need them most.

When you work with us, you get an Augusta workers’ compensation lawyer that is committed to excellence, professionalism, and pursuing maximum benefits for you.

Don’t wait any longer to get on the path to workers’ comp. Call or contact Gregory Smith Law, LLC for your free, no-obligation consultation.

About the Author

Gregory Smith
Gregory founded Gregory Smith Law, LLC in his hometown of Augusta in 1993. Since that time, he has focused his practice exclusively on representing injured workers and their families after serious on-the-job accidents in Augusta and throughout Georgia. Gregory earned his undergraduate degree in accounting from Augusta College and law degree from Mercer University’s Walter F. George School of Law in Macon. He is a member of the State Bar of Georgia, Augusta Bar Association, and the Georgia Injured Workers’ Advocates, an organization dedicated to protecting the rights of injured and ill workers in the Peach State. When he’s not in the office, Gregory enjoys bicycling, fishing, and spending time with his wife and three children.