When a construction accident occurs, the injured worker expects fair compensation from insurance companies, which actually covers medical bills, wage losses, and other damages. However, the job of the insurance adjuster is to reduce payouts using all kinds of tactics aimed at minimizing the final compensation. These tactics range from meager settlement offers that are well below what a victim deserves to delaying the process to a point where the financial burden becomes intense. In each case, the eventual resolution of the claim can be very much affected.
Knowing some of the tricks adjusters use empowers an accident victim to take whatever steps are necessary to protect their rights and seek out the full compensation deserved. For more detailed guidance, it is best to visit reliable legal websites like TopDogLaw.com.
In this article, some common tactics adjusters attempt and how much more smoothly a victim can make their way through the claims after a construction accident is discussed.
1. Quick Settlement Offers
An insurance adjuster may make an offer of settlement immediately after an accident that might sound very generous but, in fact, is greatly lower than what the victim deserves. The adjuster may impress on one the urgency for a decision or imply that the offer may be reduced if it is not accepted without much delay.
An adjuster may immediately offer a lump-sum settlement to a construction worker injured in a scaffolding accident, for instance, which may cover current medical costs but without adequately addressing potential long-term rehabilitation. Unaware of his future costs, the worker may accept what is offered to him but can easily be surpassed by physical therapy, lost wages due to being off work, and other eventual costs.
2. Friendly Approach and Recorded Statements
The adjusters may try to be friendly, to gain the confidence of the victim, and then ask casual, innocent-sounding questions about the accident. They might request a recorded statement, hoping that the victim will inadvertently downplay their injury or admit fault.
A worker slips on a wet surface at a construction site, injuring their wrist. The adjuster calls, sympathizes, and casually asks, โSo, howโs the wrist feeling now?โ The worker, wanting to appear strong, might respond, โItโs feeling better.โ This response can then be used to argue that the injury is minor, thus minimizing the compensation for medical bills or lost income.
3. Requesting Extensive Documentation
Adjusters often require excessive documentation to validate a claim, which can overwhelm the victim or delay the process. They may ask for detailed medical records, work history, and even access to unrelated medical information, looking for anything that can reduce the payout.
A construction worker who injured their knee in an accident is asked to provide medical records dating back years. The adjuster then finds an unrelated knee injury from years before and argues that the current condition might not be entirely due to the accident, thereby reducing the compensation.
4. Downplaying Injuries or Blaming Pre-Existing Conditions
Insurance adjusters sometimes argue that a victimโs injuries are exaggerated or pre-existing. This tactic shifts the focus from the recent accident to unrelated prior health conditions, reducing the amount of compensation theyโre willing to offer.
After a worker falls from a ladder, they experience ongoing back pain. The adjuster might investigate the workerโs medical history and discover that they had minor back pain years before. The adjuster then claims that the recent injury is likely a flare-up of a pre-existing condition, not fully related to the accident, and thus should not be covered in full.
5. Using Delays to Pressure Acceptance
Adjusters may intentionally slow down the claims process, knowing that mounting medical bills or financial strain can pressure victims to accept a lower settlement just to cover immediate expenses. These delays are often frustrating, but they serve to make the victim more likely to settle quickly.
A construction worker sustains a severe head injury after a scaffolding collapse and is unable to work. As medical bills pile up, the insurance company drags out the process by frequently โreviewingโ the claim or asking for repeated documentation. After weeks or months of delays, the worker feels pressured to accept a low settlement to relieve the financial burden.
