The plaintiff attorney assesses the probable outcome of a case when interviewing the injured employee. Given plaintiff attorneys usually work on a contingency fee basis they compare what can be anticipated in compensation from the injury claim, against the amount of time the claim will take on their part. While few attorneys specializing in plaintiff workers compensation turn down claims, they do limit the time and expense they are willing to invest in questionable and/or low value claims.
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“5-Step Sequence to Coordinate Return-to-Work with ADA Compliance”
1. Is there compensability?
2. What is the injury?
3. Who is the treating doctor?
4. How long will the employee be off work?
5. What is the probability of a disability rating?
6. Are there any other claims that can be made?
7. Are there any barriers to recovery?
8. What are the employee’s expectations?
9. Who is the adjuster and who is the insurance carrier?
The experienced plaintiff attorneys know the workers compensation adjusters and insurance company’s defense counsel. They know which adjusters investigate the claims thoroughly and which ones do not. They know which adjusters are willing to pay a premium to get the workers comp claims settled, and which adjusters prefer to pay their defense counsel to fight any effort to maximize the claim. In addition, they know the reputations of the different insurance carriers when it comes to settling claims or fighting claims.
10. How trustworthy is the employee?
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.
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