Gilroy, CA asked in Workers' Compensation for California

Q: Need advice before workers comp investigator recording interview

I have been on temp disability for 3 months due to carpal tunnel syndrome caused by a work injury. A workers comp investigator is coming to my house next week for a recorded interview. How do I prepare for this interview which can be used against me. Is it a bad idea that they are coming to my house. Should I change the location of the meeting. They also said I could have a witness , however, I won't have anyone available until a later date. Can I change my appt date due to this. Thank you for your advice.

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2 Lawyer Answers
Domingo R. Castillo
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Answered
  • Workers' Compensation Lawyer
  • Indio, CA
  • Licensed in California

A: Major Mistake!!!! Don't give any statements to any insurance investigators. They are trained to ask you questions that will make it easier to deny or reject your claim. They are also prior police or law enforcement officials that believe that all work comp claimants like you are normally fraudulent. Get yourself a work comp attorney who has experience and will represent you! The insurance adjusters are trained to reduce the value of your case from the beginning. Good luck

1 user found this answer helpful

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: It's a horrible, terrible idea. The investigator can see cake decorating items are report to the adjuster it appears you are running a cake business out of your home. The investigator can see a senior in a walker and report you are a care-giver.

You can answer, "Oh,just fine" when asked 'How are you today' and the investigator can report you advised him you were fully healed and not disabled any more. then, what's your plan?

What if the investigator modifies the tape and claims you said you "used to" bowl to you "always" bowl? Will you have a videotape with crystal-clear audio to challenge the investigator's transcription of your words??

If the investigator asks 'are you still beating your spouse?' are you going to answer 'yes' or 'no'???

If you mis-speak yourself and you say you have not been on any vacations in the past year but then later you remember a weekend in San Diego, how to plan to correct your testimony?

You need an experienced attorney right next to you to object to loaded 'have you stopped beating your wife'-type questions before you ever open your mouth and to correct answers on the record when you remember things after you've answered. And then the deposition is in your attorney's office so the investigator doesn't nose around the house and try to find home businesses or care-giving or babysitting or wrist-intensive hobbies.

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