What NOT to Say to the Workers' Comp Insurance Adjuster

Understanding the Adjuster's Real Goal

The insurance adjuster who calls you after a work injury will sound caring and supportive. They will ask how you are doing, express concern about your pain, and promise to help you get through this process quickly.

Do not be fooled. Their employer is the insurance company. Their job performance is measured by how much money they save. Every word you say is being evaluated for ways to minimize or deny your claim. The adjuster is not your advocate -- they are an investigator.

That does not mean you should be rude or refuse all communication. It means you need to know exactly what to say and, more importantly, what never to say.

Phrases That Can Destroy Your Claim

Here are the specific statements that adjusters hope to hear -- and that you must avoid at all costs:

"I'm feeling better" or "I'm doing okay"

Why it hurts you: This statement gets recorded and cited as evidence that your injury is minor. Injuries fluctuate daily. A good morning does not mean you are healed. The adjuster will use this to argue you do not need treatment or that your disability is less severe than claimed.

"It wasn't that bad" or "I've had worse"

Why it hurts you: Minimizing the incident gives the insurer ammunition to argue the injury is not as serious as your medical records suggest. Workers often downplay pain out of habit or toughness. In the claims process, this backfires every time.

"I think I can go back to work soon"

Why it hurts you: Only your doctor should determine when you can return to work. Speculating about your recovery timeline gives the insurer justification to cut off temporary disability payments (Labor Code §4650) earlier than appropriate.

"I've had back problems before" or "I hurt this same area years ago"

Why it hurts you: Volunteering information about prior conditions gives the insurer the pre-existing condition defense. While work aggravation of existing conditions is still compensable under California law, your admission shifts the burden and makes the apportionment battle much harder.

"I'm not sure if it happened at work" or "It might have happened at home"

Why it hurts you: Any doubt about whether the injury is work-related is exactly what the insurer needs to deny the claim. If you are unsure how or when the injury occurred, say nothing until you consult with an attorney.

"It was partly my fault" or "I should have been more careful"

Why it hurts you: While California workers' compensation is a no-fault system under Labor Code §3600, admitting fault can still complicate your claim. The insurer may argue intoxication or willful misconduct to deny benefits entirely.

"I don't need a lawyer" or "I trust you to handle this fairly"

Why it hurts you: When you tell the adjuster you are not getting legal help, they know they can push harder. Unrepresented workers settle for significantly less than those with attorneys. This is exactly what the insurance company wants to hear.

"I'll accept whatever you think is fair"

Why it hurts you: This signals to the adjuster that you will accept a lowball settlement. They will test this immediately by presenting an offer far below fair value. Once you agree, you typically cannot reopen the case.

The Recorded Statement Trap

Within days of your injury report, the adjuster will ask for a "recorded statement." They will frame it as routine -- just a quick conversation so they can process your claim. It is not routine. It is an investigation tool designed to extract damaging admissions.

How the Recorded Statement Works Against You

During a recorded statement, the adjuster asks carefully crafted questions designed to:

Lock in your story: Any detail you get wrong -- dates, times, sequences -- can be used to argue you are unreliable or dishonest
Extract medical history: Questions about prior injuries and pre-existing conditions give them ammunition for apportionment
Get you to minimize: "On a scale of 1-10, how bad is the pain?" -- if you say anything below 8, they use it to argue your injury is not severe
Create inconsistencies: They compare your recorded statement to medical records, police reports, and witness statements looking for any discrepancy
Catch off-guard admissions: "What activities can you still do at home?" -- they use this to argue you are more capable than you claim

Your Rights Regarding Recorded Statements

In California, you are generally not legally required to give a recorded statement to the insurance company's adjuster. You can politely decline:

What to Say When Asked for a Recorded Statement

"I appreciate you reaching out. I'm not comfortable giving a recorded statement at this time. I'd like to speak with an attorney first. I'm happy to provide basic information about the date, time, and location of my injury, but I'll need to consult with my attorney before making any detailed statements."

If the adjuster pushes back, pressures you, or implies that refusing will hurt your claim, that is a red flag. A legitimate claims process does not require you to waive your right to legal counsel.

What You CAN Safely Say

You do need to communicate basic information to the insurance adjuster. Here is what you can safely provide:

Basic Identifying Information

Your name and contact information
Your employer's name and your job title
The date, time, and general location of the injury
A brief, factual description of what happened (not interpretations or opinions)

Current Medical Status (Carefully)

"I am currently under medical care" (without details about prognosis)
"My doctor is evaluating my condition" (without speculating on outcomes)
"I am following my treatment plan" (without volunteering what it involves)

What to Defer

"I need to check with my attorney before discussing that"
"My doctor would be better able to answer questions about my medical condition"
"I'd prefer to provide that information in writing"

The Golden Rule for Adjuster Communications

Stick to facts, not feelings. "I fell off a ladder at the warehouse on January 15 at approximately 2:30 PM" is a fact. "I'm doing a lot better" is a feeling that will be used against you. If the question asks for a medical opinion, prognosis, or emotional assessment, defer to your doctor or attorney.

How to Handle Phone Calls from the Adjuster

Insurance adjusters prefer phone calls because they are harder to document and easier to manipulate than written communication. Here is how to handle them:

Before the Call

Have your attorney present or informed. If you have an attorney, all communication should go through them. If you do not have one yet, get one before returning the adjuster's call.
Prepare talking points. Write down the basic facts you are willing to share and stick to them.
Clear your head. Do not take calls when you are in pain, taking medication, or emotionally distressed. You need to be focused.

During the Call

Be polite but brief. You do not need to be adversarial, but you do need to be guarded. Short, factual answers are best.
Do not volunteer information. Answer only what is asked. Do not fill silences with additional details. Adjusters use silence as a tactic to make you talk more.
Take notes. Write down the adjuster's name, the date and time of the call, and what was discussed. Follow up with an email summarizing the conversation.
Never say "yes" to anything you do not fully understand. If the adjuster asks you to agree to something, say "I need to review that with my attorney first."

After the Call

Send a follow-up email summarizing what was discussed
Note anything the adjuster promised (authorization for treatment, timeline for decisions, etc.)
Inform your attorney of the call and its contents
Do not call back to "clarify" or "add to" what you said -- this creates more risk

Red Flags During Adjuster Calls

The adjuster says the call is "just routine" or "for your benefit"
They pressure you to give a recorded statement immediately
They ask detailed questions about your medical history
They suggest hiring a lawyer will slow down your claim
They offer a quick settlement to "get this resolved"
They ask what activities you can still do at home
They downplay the seriousness of your injury

Common Adjuster Questions and How to Respond

"How are you feeling today?"

Do not say: "Better," "Fine," "Not too bad," or "Good, thanks."

Instead say: "I'm still under medical care and following my doctor's treatment plan."

"Can you describe exactly what happened?"

Do not say: A lengthy narrative with speculation about causes or self-blame.

Instead say: "I was [specific task] at [location] on [date] when I [specific injury event]. I reported it to my supervisor [name] on [date]."

"Have you ever injured this body part before?"

Do not say: "Yes, I hurt my back a few years ago" or "I've always had a bad knee."

Instead say: "My medical records will have that information. I'd prefer to have my attorney present before discussing my medical history."

"When do you think you can return to work?"

Do not say: "Probably in a few weeks" or "I'm hoping to get back soon."

Instead say: "That's a medical decision. I'll follow whatever my doctor recommends."

"What are you able to do at home?"

Do not say: "I can still cook and clean" or "I've been taking walks."

Instead say: "My doctor has given me restrictions, and I'm following them. I'd prefer to discuss my functional limitations through my attorney."

Written Communication: The Safer Alternative

Whenever possible, communicate with the insurance adjuster in writing -- email is ideal. Written communication provides several advantages:

You control the narrative: You can review and edit before sending
Documentation is automatic: Email creates a time-stamped record
No ambush questions: You have time to think about your responses
Attorney review: Your lawyer can review communications before you send them
No tone manipulation: Adjusters cannot use tone of voice or leading questions in email

If the adjuster insists on phone communication, you can respond: "I prefer to keep our communications in writing for accurate record-keeping. Please email me your questions and I'll respond promptly."

What Happens If You Already Said Something Damaging

If you have already spoken to the adjuster and said things you now realize were mistakes, do not panic. Here is what to do:

Contact an attorney immediately. An experienced workers' comp lawyer can often mitigate the damage from prior statements.
Do not try to "correct" your statement. Calling back to change what you said creates more problems. Additional statements create additional opportunities for inconsistencies.
Document what you remember saying. Write down as accurately as possible what you told the adjuster and when. Your attorney needs to know.
Stop all direct communication. Once you have an attorney, all further adjuster communication goes through them.

A prior damaging statement does not automatically doom your claim. Medical evidence, witness testimony, and expert opinions can outweigh a careless statement -- but only if you stop the bleeding and get professional help.

Social Media: The Silent Claim Killer

Social media deserves its own section because it has become one of the most effective tools insurance companies use to undermine claims. Here is what you need to know:

What Insurance Investigators Look For

Activity posts: Photos or check-ins showing physical activities that contradict your claimed limitations
Emotional posts: Statements like "having a great day" or "feeling blessed" used to argue you are not suffering
Travel posts: Vacation photos suggesting you are healthy enough to travel but not work
Timeline inconsistencies: Posts showing you doing something at a time when you claimed to be incapacitated
Tagged photos: Even if you do not post, friends and family tagging you in photos can be discovered

Your Social Media Action Plan

Set all profiles to maximum privacy settings immediately
Do not post anything about your injury, treatment, employer, or daily activities
Ask friends and family not to tag you in photos or posts
Do not accept friend requests from anyone you do not know personally
Do not delete old posts -- this can be considered spoliation of evidence
Assume everything you post online can and will be seen by the insurance company

Real Example: Social Media Damage

A nurse with a serious back injury posted a photo of herself smiling at her daughter's graduation. She was standing and appeared happy. The insurance company used this single photo to argue she was exaggerating her disability. It took months of additional medical evidence to overcome this one image. The photo did not show that she was in severe pain during the ceremony, took medication beforehand, and spent the next three days in bed recovering.

The Power of Having an Attorney as Your Shield

The single most effective way to avoid saying the wrong thing to an insurance adjuster is to have an attorney handle all communication. When you hire a workers' comp attorney:

The adjuster must communicate through your attorney, not directly with you
No more recorded statement requests
No more leading questions designed to trap you
Your attorney knows exactly what information to provide and what to withhold
Settlement negotiations are handled by someone who knows the true value of your claim

This is not about being dishonest. It is about ensuring that accurate information is presented in a way that protects your rights, rather than having your words twisted by a professional whose job is to minimize your payout.

Frequently Asked Questions

Am I legally required to talk to the insurance adjuster?

You are generally required to cooperate with reasonable requests for basic information about your claim. However, you are not required to give a recorded statement, discuss your medical history in detail, or answer questions without your attorney present. Providing basic facts about the injury (date, time, location, what happened) is sufficient cooperation.

Can the adjuster use my social media posts against me?

Absolutely. Insurance companies regularly monitor claimants' social media profiles. A photo of you at a barbecue, a check-in at a bowling alley, or even a post saying "had a great day" can be used to argue you are not really injured. Lock down all social media immediately and avoid posting anything about your activities, condition, or case.

What if the adjuster threatens to deny my claim if I don't cooperate?

This is a pressure tactic. Providing basic claim information is cooperation. Refusing a recorded statement or declining to discuss your medical history without an attorney is not "non-cooperation." If an adjuster threatens denial for refusing a recorded statement, contact an attorney immediately -- this is a sign they are using aggressive tactics to minimize your claim.

Should I be honest about my pain levels?

Always be honest with your doctor. With the adjuster, avoid characterizing your pain levels at all. Defer all medical questions to your treating physician. "My doctor is tracking my symptoms and treatment progress" is truthful without giving the adjuster ammunition.

Stop Talking to the Adjuster -- Let Us Handle It

Every conversation with an insurance adjuster is a risk to your claim. Let an experienced workers' comp attorney be your voice. Free consultation. No fees unless we win. We can often take over adjuster communications the same day you call.

Start Free Case Review Call (888) 373-0533

A Real-World Communication Example

How a Single Conversation Changed a Claim

A factory worker with a serious rotator cuff tear received a call from the adjuster on day three after his injury. The adjuster was warm and sympathetic. She asked how he was doing, and he replied, "Hanging in there -- it's getting a little better." She asked about his daily routine, and he mentioned he had been "doing some light stuff around the house."

Three weeks later, his authorization for shoulder surgery was denied. The insurance company cited his own statement that the condition was "getting better" as evidence that conservative treatment was sufficient. They also referenced his "light activity around the house" to argue he was less impaired than his doctor reported.

After hiring an attorney: The surgery was approved through Independent Medical Review after six additional weeks of pain and delay. The worker's offhand comments cost him six weeks of suffering and nearly derailed his entire claim.

Legal Disclaimer: This article provides general information about communicating with workers' compensation insurance adjusters. It is not legal advice. Every case is unique, and the best communication strategy depends on your specific situation. Contact our office for a free consultation.

David Lamonica, Esq.

California Workers' Compensation Attorney

David Lamonica (State Bar #165205) has spent over 15 years countering insurance adjuster tactics. He has seen how a single careless statement can reduce a six-figure settlement to a fraction of its value, and he works to ensure his clients never face that outcome.