ACTIONS OF THE INSURANCE CARRIER’S ADJUSTER MAY BE DETRIMENTAL TO YOUR CLAIM
You suffer a work injury and are either in need of medical treatment or are receiving medical treatment and/or payment for lost wages. There are certain actions the adjuster should take, but there are other actions that the adjuster might take to prevent you from receiving appropriate medical treatment and wage reimbursement.
1. The adjuster may not report your claim to the Virginia Workers’ Compensation Commission in Richmond. Remind him/her that must be done.
2. The adjuster may try to force you to go to one particular doctor. Unless you are in an emergency situation, insist on a panel of three doctors from which to choose someone to treat you. This is particularly important when you need specialized care from an orthopedist or neurosurgeon.
3. The adjuster may insist upon taking your recorded statement and/or having you sign a release of medical records. You are not required to give a recorded statement as that could be used against you in the future. You should advise the adjuster that you have already advised your employer how the accident occurred or, at that point, contact an attorney and have them be present for the recorded statement.
4. In workers’ compensation claims, medical records are not restricted and there is no need for you to sign a medical release as the adjuster can request those records directly from your doctors.
5. If you are already receiving medical treatment and being paid by the insurance carrier and are receiving ongoing compensation, you should remind the adjuster that the Workers' Compensation Commission in Richmond requires an Award Agreement in order to properly document your claim.
If the adjuster refuses your request for any of the above, then you should contact our office for assistance and schedule an initial free consultation.