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Honesty—The Best Policy in a Workers’ Compensation Claim

The Dangers of Overstating or Understating the Nature of Your Injury

When you’ve been injured on the job in the state of New York, you have a right to seek workers’ compensation benefits to cover your disability, and to pay for any reasonable and necessary medical expenses. When you are unable to work, there can be a tendency to want to exaggerate the extent of your injury, to ensure that your workers’ compensation claim is approved. That’s always a mistake.

An experienced doctor will likely see through any attempts to overstate your disability. If it’s a company-selected doctor, he or she may disclose his concerns to the workers’ compensation insurance company, which could then decide to send an investigator out to film you going about your daily activities (without your knowledge). Many a legitimate workers’ compensation claim has been rejected because the claimant alleged that he or she couldn’t perform routine tasks, only to be caught on camera taking out the trash or carrying in groceries. The reality—if you allege that you can’t do something, but you really can, you’ll find it almost impossible to carry out the charade. You’ll inevitably forget what you’ve told the doctor and you’ll do something that contradicts your statement – and you’ll probably get caught doing it on camera.

It’s also a mistake, though, to understate your injuries. It’s no time to be macho or tough. When you’ve been hurt, you have a right to benefits and a need to heal. Accept that you’ve been injured and let others care for you. Don’t try to do anything that causes pain or discomfort, unless you’ve cleared it with your doctor.

Why It Pays to Be Honest about Your Work Injury

Experienced Queens |NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in the Bronx, Brooklyn, Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys


About The Author

Picture of Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.