Insurance companies are always looking for ways to poke holes in your story and avoid paying what they owe you. That’s why it’s so important to know which questions can trip you up and how to handle them the right way. Whether they’re asking about how your injury happened, your medical treatment, or your job history, every answer counts. Let’s get started and make sure you’re set up for success.
One of the easiest ways to get into trouble during a workers' compensation hearing is by being inconsistent—especially when it comes to how your injury happened. If your story changes even a little bit from one report to another, you can bet the insurance company’s lawyer will jump all over it. They’re going to compare everything—what you said in your accident report, what’s in your medical records, and what you tell the judge under oath. If things don’t line up, they’ll start questioning your honesty, and that can seriously hurt your case.
The bottom line? Stay consistent. Whether you’re talking about how the injury happened, when it took place, or who you told about it, your answers need to match what’s already on record. Even small differences can give them a reason to doubt you, and that’s the last thing you want.
A common slip-up people make is trying to fill in the blanks when they’re unsure about certain details—like the exact time of the accident or how everything went down. If you’re not 100% sure, it’s totally fine to say you don’t remember. Guessing or making things up on the spot can come back to bite you if it doesn’t match what’s in the official reports.
Be truthful and careful with your wording. If you're uncertain, it’s perfectly acceptable to say something like, “To the best of my recollection,” or “I don’t remember the exact time, but it was around midday.” This shows honesty without giving the insurance company room to exploit your uncertainty.
Your work history and job duties might seem like just background info, but when it comes to your workers' comp hearing, they can seriously impact your case. Insurance companies will dig deep into your past jobs, looking for anything they can use to argue that your injury didn’t really happen at work or that it’s connected to a preexisting condition instead.
Expect to be asked about things like:
Staying consistent is key. If your answers about what you did at work or any past injuries don’t match up with what’s in your records, it could make you look unreliable. Even small details—like saying you lifted 50 pounds at a job instead of 30—can raise red flags and make them question your whole claim.
One of the biggest mistakes you can make? Not mentioning past injuries. If you've hurt yourself before and don’t bring it up, the insurance company will likely find out through your medical records or work history. When that happens, they’ll argue that your current injury is just an old problem coming back, which could mean less compensation—or none at all.
Your medical history and how well you stick to your treatment plan can have a big impact on your workers' comp case. If the insurance company spots any gaps or inconsistencies in your treatment, they’ll jump on it and try to use it to cut your benefits.
One of the biggest red flags? Not following your doctor’s advice. Skipping appointments, missing physical therapy sessions, or ignoring prescribed treatments can make it look like you’re not serious about your recovery. The insurance company might argue that you’re not getting better because you’re not putting in the effort—not because of the injury itself.
Another thing to watch out for is how you describe your pain and symptoms. If what you’re saying doesn’t line up with what’s in your medical records or what your doctor sees, it can hurt your case. They’ll use those inconsistencies to question whether you’re telling the full truth.
Sticking to your treatment plan and staying consistent with what you report is the best way to show that your injury is real and that you’re doing everything you can to recover.
Insurance companies are always watching for anything that doesn’t line up with your claimed injury or work restrictions. Believe it or not, they might even keep tabs on you through surveillance to catch you doing something that doesn’t match your story.
If your doctor told you not to lift heavy things or limit your movement, be careful about what you do in public and what you post online. For example, if you’re seen on video carrying groceries or shoveling snow when you’ve said you can’t lift more than a few pounds, the insurance company could use that to question your claim—or worse, accuse you of fraud.
Here are a few key things to keep in mind:
1. Always Tell the Truth
Rule number one? Don’t lie. Ever. Even a small fib can come back to bite you, so keep it honest.
2. Answer Only What’s Asked
Keep it short and sweet. Less is more. Don’t go off on tangents or offer extra details they didn’t ask for. The more you say, the more they have to work with.
3. Don’t Guess or Assume
If you don’t know, just say so. Guessing or filling in the blanks can lead to inconsistencies that might hurt your case later. Take your time and stick to what you know for sure.
1. Prep with Your Lawyer
Don’t go in blind—spend time with your lawyer beforehand. They’ll go over the questions they plan to ask you, what the insurance company might throw your way, and what the overall process will feel like. Think of it as a practice run so you won’t be caught off guard. The better prepared you are, the more comfortable you'll feel when it's go-time.
2. Know Your Case Inside and Out
Take the time to go over the details of your accident and injury with your lawyer. Make sure you’re on the same page about key points, and don’t hold anything back. If there’s something in your history—like an old injury or a questionable report—tell your lawyer now, not in the hearing room. Surprises can hurt your case, so honesty up front is key.
3. Practice Makes Perfect
Running through possible questions with your lawyer can help you feel more confident and ready. You’ll get a feel for how the hearing will flow and what kinds of answers work best. The more you practice, the less likely you are to stumble under pressure.
4. Leave the Emotions at the Door
It’s totally normal to feel frustrated, but a hearing isn’t the place to vent. If you're upset, get it out in your lawyer’s office—not in front of the judge. Losing your cool can hurt your credibility, so stay calm and focused. Remember, the insurance company might try to get under your skin with tough questions—don’t take the bait.
5. Keep It Short and Sweet
Less is more. When answering questions, stick to exactly what’s asked—nothing more, nothing less. Giving too much information can work against you. A simple “yes” or “no” is often all you need. If your lawyer needs to clarify something, they’ll step in.
6. Don’t Fall for Traps
Insurance company lawyers are skilled at asking questions in ways that make you sound like you did something wrong. Don’t try to explain or justify too much—just answer honestly. If you're unsure, it’s okay to say you don’t know instead of guessing and risking contradictions.
7. Trust Your Lawyer
Your attorney knows how to handle tough questions and can step in to clear things up when needed. If something feels off, let them handle it. Stick to your role—telling the truth and staying consistent.
8. Keep Your Answers Focused
If you're asked a direct question like “Did you report your injury right away?” stick to “Yes” or “No.” Don’t start explaining unnecessary details unless your lawyer asks you to. Insurance lawyers love to take long answers and twist them to fit their narrative—don’t give them the chance.
I know that going through a workers' compensation hearing can feel overwhelming, but you don't have to do it alone. Feel free to call me, Rex Zachofsky at 212-406-8989. I'm here to answer any questions you may have.
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