Do insurance companies have the right to contact employers?

The short answer is: yes they do. There is no property in a witness, and insurance companies (on behalf of the defendants they represent) have the right to contact anyone besides the injured party themselves and experts the injured party has retained.

There are many reasons someone might not want and insurance company to contact their employer. Most notably, they may not have even told their employers they are injured. Many people do not want to complicate their work lives by appearing to be injured or by unnecessarily involving their co-workers and managers in their law suits.

Many employers will refuse to speak to insurance company, but even that may not stop them. The rules of the Supreme Court create a mechanism for parties to a litigation to get a court order forcing potential witnesses to submit to an examination under oath.

All of this being said, an employer can be a valuable asset in any personal injury lawsuit. They can act as important lay witnesses, which will help to bolster an otherwise weak case. In many cases where a judge is not persuaded by the testimony of an injured party, they can be persuaded by a reputable employer who supports their claim.

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