Barb Galluppi notes that once an attorney has entered the picture, you are now in a cost containment – reaction – mode. All is not lost, however. There are many things you can do to assure that litigation and indemnity costs are held to a minimum:
- Immediately forward the summons and complaint or application for adjustment of claim to the claim administrator. It is a good idea to both fax it and put the original in the mail.
- Work with the adjuster to formulate a defense plan of action (POA*).
- Request a defense budget and estimate of expenses UP FRONT.
- Avoid extraneous discovery. For example, if a deposition or expert analysis does not seem critical – resist having it assigned to an attorney.
- If it is a case to settle, and notice of attorney’s lien has recently been received, be sure to exhaust settlement avenues before referring out to defense counsel. Often a case can be settled early on, avoiding all defense costs.
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*Other abbreviations can be found at WC 101: http://www.reduceyourworkerscomp.com/workers-comp-abbreviations.php
