Resource Guide
What NOT to Say to the Insurance Adjuster After a Construction Accident
The adjuster calls within 24–48 hours of your accident. What you say on that call can cost you hundreds of thousands of dollars. Here's what to know before you pick up the phone.
Why Adjusters Call So Fast
Insurance companies have a financial interest in paying out as little as possible. Adjusters are trained to reach injured workers before they speak to an attorney — because early, unguarded statements are easier to use against you. They're not there to help. Their job is to document anything that reduces your claim.
What "Recorded Statement" Actually Means
An adjuster will often ask permission to record the call "for accuracy." That recording becomes part of your claim file. Defense attorneys will compare every word against your later deposition testimony and medical records. Any inconsistency — even a small one caused by pain, medication, or confusion immediately after the accident — will be used to argue your injuries aren't as serious as you claim, or that the accident happened differently than you later describe.
You have no legal obligation to give a recorded statement to the other party's insurance company. Full stop. You can politely decline.
7 Things Never to Say
1. "I'm feeling okay" or "I'm fine"
Soft tissue injuries, spinal disc damage, and traumatic brain injuries often don't show full symptoms for days or weeks. Saying you feel fine locks in a description of your condition before you actually know the extent of your injuries. Adjusters love this quote.
2. "I think I might have contributed to the accident"
New York's Labor Law § 240 imposes absolute liability on owners and contractors — meaning your own negligence generally doesn't reduce your recovery on a § 240 claim. But admitting fault in an early statement can still damage your § 241 and § 200 claims, and it becomes part of the record your attorney then has to fight.
3. "The accident was probably my fault"
Don't speculate about fault at all. You don't yet know all the facts — what safety equipment was missing, what OSHA violations existed on the site, whether the scaffold or ladder was defective. Investigations take time. Let yours happen before you draw conclusions.
4. Guessing at the exact sequence of events
You were just in a traumatic accident. Adrenaline affects memory. If you describe the sequence wrong — rung vs. platform, left side vs. right side — those details get frozen in the record. Later corrections look like inconsistency or dishonesty, even when they're just honest corrections of a confused memory.
5. Authorizing access to all your medical records
Adjusters sometimes ask you to sign a "medical authorization" early in the process. That authorization can be written broadly — giving access to years of prior medical records, mental health records, or unrelated conditions. They're looking for pre-existing injuries to argue your current condition isn't from the accident. Don't sign any authorization without your attorney reviewing it first.
6. Accepting the first settlement offer
Early settlement offers — sometimes made within days of the accident — are almost always low. The insurance company makes an offer before the full extent of your injuries is known, before you've had specialist evaluations, before MRIs, before surgery recommendations. Once you accept a settlement and sign a release, you cannot come back for more money, ever. The release is final.
7. Agreeing to any inspection or examination without counsel
If the adjuster asks you to come in for an Independent Medical Examination (IME) organized by their side early in the process, understand what that is: the doctor is paid by the insurance company and their report will be used against you. You have rights about when and under what conditions IMEs happen. Talk to an attorney first.
What to Actually Say
When the adjuster calls, you can say this:
"I was injured in a construction accident. I'm currently getting medical treatment. I've retained an attorney, and all further communications should go through them. Their number is [X]."
If you haven't hired an attorney yet: "I'm not prepared to give a statement at this time. I'll follow up when I'm ready." Then call an attorney that day.
Why Early Settlement Offers Are Almost Always Lowball
Construction accident claims — particularly those under Labor Law § 240 — can settle for significant sums. The full value of your case depends on factors that take months to establish:
- Complete diagnosis and surgical needs (often unknown in the first weeks)
- Future medical costs and long-term care requirements
- Lost wages during recovery and reduced future earning capacity
- Pain and suffering, which courts and juries weigh heavily in § 240 cases
- The number of liable parties — owner, GC, sub, equipment manufacturer
An offer of $15,000 the week after an accident that caused a herniated disc requiring surgery is not a fair offer. It's a gamble that you'll take it before you know what your injuries actually cost.
Frequently Asked Questions
Do I have to give a recorded statement to the insurance company?
No. You have no legal obligation to give a recorded statement to the other party's insurer. You do have obligations to your own workers' comp carrier, but even then you should consult an attorney before giving any statement.
What if the adjuster says the offer expires soon?
That's a pressure tactic. Settlement offers don't expire like airline tickets. If the adjuster is pushing hard for a quick signature, that's a signal the full value of your claim is much higher than what's being offered.
Can I talk to the insurance adjuster before I have an attorney?
You can, but you don't have to. If you do speak with them, don't speculate, don't minimize your injuries, and don't sign anything. The safest move is to say you're getting medical treatment and will be in touch. Then call an attorney.
What if I already gave a recorded statement?
It's not the end of your case. An experienced attorney can work with what was said, put it in context, and develop the full picture through discovery and expert testimony. Tell your attorney exactly what you said as soon as possible.
Does the insurance company for the owner/GC represent me?
No. The owner's insurance company represents the owner. The GC's insurance represents the GC. Nobody in that conversation is working for you. You need your own attorney.
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