Navigating a compensation claim in New South Wales can be a complex and frustrating process, particularly when insurers use tactics to minimise payouts. These tactics can create financial stress for injured claimants who rely on timely compensation to cover medical expenses and lost wages. Understanding and knowing how to counteract them can significantly improve the likelihood of a fair and timely resolution. Having a qualified compensation lawyer to assist with your claim can also ensure any delays are minimised and that your rights are fully protected.
1. Requesting Excessive Documentation
A common tactic used by insurers is repeatedly asking for additional documentation, even after all necessary paperwork has been submitted. This may include excessive medical records, employment history, and proof of injury.
How to Overcome It:
- Work with an experienced compensation lawyer to ensure all required documents are submitted correctly the first time.
- Keep detailed records of all communications with the insurer.
- Follow up frequently and request written confirmation of any new documentation requirements.
2. Disputing Medical Evidence
Insurers may challenge medical assessments, arguing that the injury is not as severe as claimed. They may also require independent medical examinations (IME), often with doctors who are known to favour insurers.
How to Overcome It:
- Seek assessments from your own independent medical specialists to strengthen your case.
- Request copies of all IME reports and challenge any inconsistencies.
- A compensation lawyer can advocate for you and ensure that medical evidence is presented effectively to support your claim.
3. Delaying Liability Decisions
Some insurers delay making a liability determination, claiming they need more time to investigate.
How to Overcome It:
- Keep track of deadlines and remind the insurer of their legal obligations under the Workers Compensation Act 1987 (NSW).
- File a complaint with the Independent Review Office (IRO) if the insurer fails to comply with deadlines.
- Consider engaging a legal expert to apply pressure and ensure adherence to required timeframes.
4. Offering a Low Settlement Figure
Insurers may offer an early, inadequate settlement in the hope that claimants, under financial pressure, will accept less than they deserve.
How to Overcome It:
- Never accept an initial settlement offer without consulting a legal expert.
- Request a breakdown of how the insurer calculated the offer.
- A compensation lawyer can negotiate on your behalf to secure the best possible payout.
5. Delaying Payments After a Settlement is Reached
Even after a settlement is agreed upon, insurers may delay payment, causing financial strain on the claimant.
How to Overcome It:
- Ensure the settlement agreement includes specific deadlines for payment.
- If payment is unfairly delayed, escalate the issue to the Personal Injury Commission (PIC) of NSW.
- Seek legal intervention if the insurer refuses to comply with agreed terms.
Understanding these common insurer tactics can help injured workers and accident victims in NSW avoid unnecessary delays in their compensation claims. By staying informed, keeping detailed records, and seeking expert legal assistance with a qualified local compensation lawyer, claimants can effectively challenge insurer stalling strategies and secure the financial support they rightfully deserve.