• Menu
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

  • About
  • Search
  • Resources
  • Privacy
  • Contact
 

Amaxx Workers Comp Blog

Reduce Workers Compensation Costs By 20-50%

Header Right

  • Home
  • Books
    • Big Book
    • Mini Book
  • Training
    • WC Mastery Membership
    • Course Curriculum
    • Certified Master of Workers’ Compensation
    • Certified Master of WC – Best in Class
  • Coaching
    • CompElite Strategic Coaching for Employers
    • BrokerElite Coaching for WC Business Growth
  • Software
  • Blog
  • Advertising

Mobile Menu

  • Home
  • Books
    • Big Book
    • Mini Book
  • Training
    • WC Mastery Membership
    • Course Curriculum
    • Certified Master of Workers’ Compensation
    • Certified Master of WC – Best in Class
  • Coaching
    • CompElite Strategic Coaching for Employers
    • BrokerElite Coaching for WC Business Growth
  • Software
  • Blog
  • Advertising
  • About
  • Search
  • Resources
  • Privacy
  • Contact
You are here: Home / Medical Cost Containment / The Right to Choose – Selecting Your Own Defense Counsel as a Company Right

The Right to Choose – Selecting Your Own Defense Counsel as a Company Right

February 16, 2011 By //  by Rebecca Shafer, J.D. Leave a Comment

Your company needs to negotiate for the right to select legal counsel in any case where the exposure is within the company’s retention level.

Click Link to Access Free PDF Download

“The 6-Step Process To Determine Workers’ Comp Injury Causation”

Often, in-house counsel wish to use lawyers previously used by the company on similar claims, but cannot do so unless such independent, outside lawyer is on the carriers “approved” list.

The right to “select”
counsel is different from the right to “suggest” or to “be consulted on” the selection of counsel because it allows the company to use an attorney of its choice.

Although carriers
have strict criteria for attorneys on the “authorized approved list of attorneys,” the insured may have business reasons, other than purely objective criteria, for desiring to use an attorney not on the list. Bear in mind, sometimes the local attorneys who defend the insured are employed by “captive” law firms on the insurer’s payroll who will defend only the very narrow “insured” issue.

For example
, a company may desire a broader defense for a workers compensation claim wherein the defense attorney considers employment, labor and injury management issues rather than just the narrow issue of whether the injury was work-related.

The insured
should retain the right to request and select private investigators and have the right to specify the type of investigation needed.

There is a
huge difference between an “activities check” and a “sub-rosa investigation.”

An activities
check is limited to making inquiries and usually does not include in-depth, undercover, videotaped surveillance of the claimant’s abilities.

The company
aggressively controlling workers compensation claims may want to right to select the investigator of its choice because it has had previous success with a local investigator or a certain firm it uses nationwide.

ASI specifies
copies of all investigative reports be forwarded to the insured.
Another negotiating point — an insured company may request all settlements over, say, $10,000 be considered for structured settlement, and may reserve the right to select a structured settlement company of its choice and/or to obtain competing bids from financially sound structured settlement companies.

Some companies
prefer to purchase structured settlements from firms affiliated with their company or with their broker, rather than with the insurer.

One insurer
had an “authorized list” containing the name of only one structured settlement company, also owned by the insurer.

By contrast
, another well-known insurer considers, as standard operating practice, every settlement over $5,000 for a structured settlement.

The insured
saves money and the carrier earns a commission from the structured settlement placement creating a winning situation for both.

FREE DOWNLOAD: “The 6-Step Process To Determine Workers’ Comp Injury Causation”

Managing claims and litigation is nearly impossible without complete and explicit account servicing instructions (ASI).

Also known
as account instructions, claim service instructions or account handling instructions, ASI represent the agreement or understanding between the insured and the field adjusters at the insurer’s branch offices that guides the handling of all suits and claims, both litigated and non-litigated.

These instructions
should be disseminated to all your branch offices across the country.
The ASI includes information about how claims are to be handled in every line of insurance including workers compensation, products liability and automobile insurance. (Third-party administrators who provide claims servicing without insurance also use ASI to guide their adjusters.)

When developing your ASI, be sure you have the right to chose counsel. Find out how to gain that right #WorkersComp.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: RShafer@ReduceYourWorkersComp.com or 860-553-6604.
WC IQ TEST: http://www.workerscompkit.com/intro/
WORK COMP CALCULATOR: http://www.LowerWC.com/calculator.php
MODIFIED DUTY CALCULATOR: http://www.LowerWC.com/transitional-duty-cost-calculator.php
WC GROUP: http://www.linkedin.com/groups?homeNewMember=&gid=1922050/
SUBSCRIBE:
Workers Comp Resource Center Newsletter
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.

FREE DOWNLOAD: “The 6-Step Process To Determine Workers’ Comp Injury Causation”

Filed Under: Medical Cost Containment Tagged With: Account Handling Instructions, Counsel Selection Interviews, Hiring Experienced Defense Counsel

Related Articles

Evidence-Based Medicine (EBM) in Workers’ Comp: A Case Study on Partial Rotator Cuff Tear

Evidence-Based Medicine (EBM) in Workers’ Comp: A Case Study on Partial Rotator Cuff Tear

What is Evidence-Based Medicine in Workers’ Compensation

What is Evidence-Based Medicine in Workers’ Compensation

The Role of Evidence-Based Medicine in Transforming Workers’ Compensation

The Role of Evidence-Based Medicine in Transforming Workers’ Compensation

Part 2 of 2: When Not to Use Nurse Case Management in Workers’ Compensation

Part 2 of 2: When Not to Use Nurse Case Management in Workers’ Compensation

Part 1 of 2: Understanding Nurse Case Management and When to Use It

Part 1 of 2: Understanding Nurse Case Management and When to Use It

What’s Your Why? A Collective Portrait of Purpose and Compassion at National Comp 2024

What’s Your Why? A Collective Portrait of Purpose and Compassion at National Comp 2024

Physical Therapy, Occupational Therapy, and Vocational Rehab in Workers’ Compensation

Physical Therapy, Occupational Therapy, and Vocational Rehab in Workers’ Compensation

Hear from Injured Workers and Join Paradigm in Supporting Passion, Purpose, and Kids’ Chance at National Comp

Hear from Injured Workers and Join Paradigm in Supporting Passion, Purpose, and Kids’ Chance at National Comp

Eleven Considerations for Selecting Your Workers’ Comp Company Doctor

Eleven Considerations for Selecting Your Workers’ Comp Company Doctor

Tools & Tips to Manage Chronic Pain in Work Comp Claims

Tools & Tips to Manage Chronic Pain in Work Comp Claims

6 Ways to Get the Most From Medical Treatment Guidelines

6 Ways to Get the Most From Medical Treatment Guidelines
Controlling Work Comp Transportation Expense Is More Than Ordering an Uber

Controlling Work Comp Transportation Expense Is More Than Ordering an Uber

Controlling Work Comp Transportation Expense Is More Than Ordering an Uber

Train to Succeed

BECOME CERTIFIED IN WORKERS’ COMPENSATION

Proven Course Catalog & WC Toolbox Give You The Power To Achieve Lower Costs and Better Injured Worker Outcomes

VISIT WORKERS' COMP TRAINING CENTER

Free Download

The 6-Step Process To Determine Workers' Comp Injury Causation - FREE Download Click Here Now!

Previous Post: « New Jerseys Workers Compensation Basics
Next Post: Canadian Worker Who Killed 100 Sled Dogs Awarded Compensation »

Reader Interactions

Leave a Reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

FREE DOWNLOAD

The 6-Step Process To Determine Workers' Comp Injury Causation - FREE Download Click Here Now!

Our Sponsors

Catastrophic and Risk Solutions, Case Management Solutions, and Specialty Networks
 

Injury Management Solution for Employers

Blog Categories

Search Our Archive

Subscribe to Our FREE Newsletter

Return-to-Work Essentials

Footer

Search Our Archive

Search our continually growing archive of over 5,000 articles about Workers' Comp issues.

Quiclinks

  • Calculators
  • Terms & Abbreviations
  • Glossary of WC Premium Terms
  • WC Resources
  • Best Practices
  • Industries
  • Return-to-Work Essentials

RSS Recent Blog Posts

  • Win Without the Fight: How Employers Can Prepare for Trial—And Avoid It Entirely
  • From Adversaries to Allies: Why Employers and Defense Attorneys Must Act Like a Team
  • Breaking the Cycle: How Fear Drives Workers’ Comp Litigation—and What to Do About It
SUBSCRIBE TO OUR FEE NEWSLETTER
Let Us Help You Stomp Down the High Cost of Workers' Comp!
Top of Page ↑
  • Home
  • Training Center
  • Search
  • Membership
  • Products
  • Blog
  • About
  • Contact
  • Subscribe
  • Login
Copyright © 2025 Amaxx, LLC. All Rights Reserved. · Privacy Policy / Legal Notice