Countering Common Insurance Delay Tactics In A Workers’ Compensation Claim

If you’re injured at work and seeking compensation from your employer’s workers’ compensation insurance provider, don’t expect your benefits to hit your account the day after you file. Insurance companies are always looking for ways to delay their claim in order to keep more money in their pockets, and that can leave you at a significant disadvantage. However, if you know some of the common ways that insurance companies try to delay your claim payment, you can take proactive action that forces their hand. Below, we look at some of the ways you can counter common insurance delay tactics during your Minnesota workers’ compensation claim.

How Insurance Companies Delay Payment On Your Injury Claim

Let’s look at some of the common tactics used by workers’ compensation insurance providers to delay claim processing and payments, and let’s explore the ways you can act so they can’t fall back on these tactics.

Requesting Additional Medical Information – The insurance company is going to want any and all information pertaining to your case. Aside from your claim, they are also going to want copies of your medical evaluation, the First Report of Injury from your employer and anything else relevant to your injury and award pursuit. Don’t send in a partial claim or leave any forms incomplete. If you don’t know what forms should be included or how to answer specific questions on documentation, consult with a workers’ compensation lawyer.

Disputing Your Injury – Perhaps the most common reason for claim delays or outright denials is a decision that states the insurance company is disputing your injury claim. They may not be doubting that real injuries exist, but they may claim that they are not work related. You may have injured your knee at work, but they may argue that it was nothing more than the effects of natural aging and joint degeneration caused by the effects of daily life. Expect pushback from the insurance company about the relevance of your work injury unless either your doctor or your attorney can clearly showcase the connection between your injury and your work duties.

Lowball Offers – Another common technique is to send out a lowball settlement offer. They may agree that they owe you benefits, but they may not agree with the valuation you’ve put on their claim. They may try to twist the narrative or lean on other information to provide a first offer that is much lower than you deserve. A strong claim that clearly showcases the real costs of your injury can help prevent lowball offers, but don’t expect to receive a great offer out of the gates. They want you to accept this offer and put an end to your case. Don’t jump on it without first touching base with your lawyer.

Taking Their Legal Time – Insurance companies are legally required to respond to claims and to investigate matters within a specific time period. It may be a week, two weeks, a month or longer, and don’t expect the insurance company to work any faster than they need to. They know that working slowly but within their legal timeframes will put pressure on a worker who is physically and financially suffering as a result of their work accident. Again, getting them all the information in a timely and complete manner can at least get the ball in their court and force them to respond within a set period of time.

Requesting Second Medical Opinion – The insurance company can legally request that you seek out a second medical evaluation, and skipping this appointment can give them cause to delay to deny your benefits. Get this second evaluation and ensure your lawyer has access to both medical opinions so that they can base their claim on the report that best measures the truest extent of your injuries, not the one that absolves the insurance company of the most liability.

The single best way to combat these delay tactics is by having a knowledgeable and experienced injury lawyer by your side. Dean isn’t going to lay down for the insurance company, and you shouldn’t either. Let’s light a fire under them and force them to fairly pay out your claim in a timely manner.

If you’re sick of being yanked around by the insurance company, or you simply want to prevent delays in the first place, connect with Dean and the team at Margolis Law Firm. Give our attorneys a call today at (952) 230-2700.