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

Before Header

  • About
  • Contact
  • Privacy
 
ARCADIA: Stronger Settlement Partnerships. Innovative Solutions.

Amaxx Workers Comp Blog

Reduce Workers Compensation Costs By 20-50%

Header Right

  • Home
    • Training Center
  • Search
    • Free Resources & Solutions
    • Subscribe to Free Newsletter
    • Create Free Training Center Account
    • Enroll in On-Demand Courses
    • Activate WC Mastery Membership
    • Request Strategic Coaching Session
    • Buy WC Guidebooks
  • Membership
    • Insider (free account)
    • WC Mastery
    • Teams & Managers Mastery
    • Training Partners
  • Products
    • On-Demand Courses
    • Specialty Courses
    • Certifications & Mastery Courses
    • Ultimate Guidebooks
    • Coaching
  • Blog
    • Video Blogs
    • COVID-19 / Coronavirus Pandemic
  • Login

Mobile Menu

  • Home
    • Training Center
  • Search
    • Free Resources & Solutions
    • Subscribe to Free Newsletter
    • Create Free Training Center Account
    • Enroll in On-Demand Courses
    • Activate WC Mastery Membership
    • Request Strategic Coaching Session
    • Buy WC Guidebooks
  • Membership
    • Insider (free account)
    • WC Mastery
    • Teams & Managers Mastery
    • Training Partners
  • Products
    • On-Demand Courses
    • Specialty Courses
    • Certifications & Mastery Courses
    • Ultimate Guidebooks
    • Coaching
  • Blog
    • Video Blogs
    • COVID-19 / Coronavirus Pandemic
  • Login
  • About
  • Contact
  • Privacy
You are here: Home / Litigation Management / Important Factors In Workers Comp Defense Attorney Selection

Important Factors In Workers Comp Defense Attorney Selection

December 21, 2016 By //  by Michael B. Stack 2 Comments

Selecting the right person to defend a workers’ compensation claim is an important component of any program. Not selecting the right attorney can be detrimental. This includes failing to settle cases in a timely manner, unnecessary litigation costs and other missed opportunities. Now is the time to review the panel of attorneys you are working with and remove those who are not meeting the needs of your program.

 

 

It All Starts with the Selection Process

 

Over the years, experienced claim handlers develop relationships with countless attorneys who defend workers compensation and other insurance related claims. This results in a referral process where various firms are selected to represent the program on claims and the funneling of a consistent file load to those who make the grade. While the development of these relationships is great, it can often have a negative impact on your claim files if the attorneys are not meeting the objectives of your program.

 

The review of defense attorneys and panels should done on an ongoing basis. While the development of a prior professional relationship is important, it should never be the sole or controlling factor.

 

Important Factors to Consider

 

There are a number of factors members of the claims management team should consider when selecting the right attorney to defend a case. This includes some thoughtful consideration on the part of all members on the claims team who need to deal with and interact with attorneys.

 

  • Ability to think independently. All workers’ compensation cases are subject to evaluation based on criteria related to the statute and interpreting case law. While component counsel must understand these basics, effective defense attorneys have the ability to peel back the layers of a claim and develop strategies that will drive a case toward settlement.

 

  • Ability to be a zealous advocate. This is the core of what separates a good attorney from one who is great. In workers’ compensation, a zealous advocate is able to see through the smoke and provide the claims handler with an honest analysis on the case and all likely outcomes. They will also be able to provide common sense solutions that take into consideration the law and other extraneous factors that are in play when it comes to a demanding file load.

 

  • Ability to “win” every case. The inherent bias in the workers’ compensation system toward the employee and compensability of claims means a majority of cases that go to hearing will result in an award to the employee. It is important to work with those defense attorneys who understand the biases within the system and proceed with caution. Top-notch defense attorneys are able to pick the cases that should go to court, and settle those that are destined for failure.

 

Other Important Intangibles

 

Interested stakeholders responsible for programs should also monitor and be aware of important intangibles that make a defense attorney great. This should never include the inducement of free tickets to sporting events or fine wine. Instead, those who seek to improve the counsel they work with should look at other facts:

 

  • Ability to seek creative solutions to complex problems;

 

  • Responsiveness to inquiries such as voicemail messages and email;

 

  • Regular status reports and forthright analysis on files; and

 

  • A positive reputation amongst peers and ability to deal with difficult opposing counsel and claimants.

 

Conclusions

 

Most claims management teams have a number of good defense attorneys to work with on their disputed files. The ability of claims handlers to find the great attorneys will reduce time spent on files and promote savings in their workers’ compensation program. Part of this process includes the need to evaluate all defense counsel on a regular basis and work only with those dedicated to effective and efficient representation.

 

 

For additional information on workers’ compensation cost containment best practices, register as a guest for our next live stream training.

 

Author Michael Stack, Principal, COMPClub, Amaxx LLC. He is an expert in workers compensation cost containment systems and helps employers reduce their work comp costs by 20% to 50%. He works as a consultant to large and mid-market clients, is co-author of Your Ultimate Guide To Mastering Workers Comp Costs, a comprehensive step-by-step manual of cost containment strategies based on hands-on field experience, and is founder of COMPClub, an exclusive member training program on workers compensation cost containment best practices.

 

Contact: mstack@reduceyourworkerscomp.com.

Workers’ Comp Roundup Blog: https://blog.reduceyourworkerscomp.com/

Live Stream WC Training: http://workerscompclub.com/livestreamtraining.com

 

©2016 Amaxx LLC. All rights reserved under International Copyright Law.

 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional.

Filed Under: Litigation Management

Related Articles

COVID-19 and Statutory Presumptions

COVID-19 and Statutory Presumptions
Reduce Costs via Workers' Comp Litigation Management

Why Worker Comp Litigation Stalls and How To Get it Moving

Why Worker Comp Litigation Stalls and How To Get it Moving
workers comp litigation rate

17 Ways to Win Your Claims in Workers Compensation Litigation

17 Ways to Win Your Claims in Workers Compensation Litigation
Key Steps to Avoid and Manage Workers’ Comp Litigation

Identify And Correct Workers’ Comp Litigation Drivers

Identify And Correct Workers’ Comp Litigation Drivers

Avoid Workers’ Comp Litigation

Avoid Workers’ Comp Litigation

Overcoming Covid-19 Workers’ Comp Litigation Barriers

Overcoming Covid-19 Workers’ Comp Litigation Barriers

Using an Ombudsman to Reduce Work Comp Costs

Using an Ombudsman to Reduce Work Comp Costs

You’re Fired! Employment Releases in Work Comp

You’re Fired! Employment Releases in Work Comp

Develop Defense Attorney Relationships to Settle Work Comp Claims

Develop Defense Attorney Relationships to Settle Work Comp Claims

3 Strategies To Reduce Workers Comp Legal Costs

3 Strategies To Reduce Workers Comp Legal Costs

Older Workers And The Retirement Presumption

Older Workers And The Retirement Presumption

Control Defense Council Costs With Alternative Fee Arrrangements

Control Defense Council Costs With Alternative Fee Arrrangements

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

How To Avoid, Manage, And Win Workers' Comp Claim Litigation - FREE Download Click Here Now!

Previous Post: « WCIRB Votes to Authorize Jan. 1 Filing to California Insurance Commissioner
Next Post: Australian Employer Convicted, Fined Following Severe Worker Injury »

Reader Interactions

Comments

  1. John Mahoney

    February 9, 2017 at 6:43 pm

    Thank you for talking about how a good workers compensation attorney needs to be creative when coming up with solutions. It makes sense that finding someone like this can help you come up with the best strategies to build you case. I can see that making sure you find someone you can get along with and trust would help you have less stress.

  2. Brian Hill

    January 4, 2017 at 1:03 pm

    I have developed a long term relationship with a firm that has never let me down. They are available nation wide, a huge help for my needs. As well they exceed every one of the criteria set here and more. I am available to give a reference anytime . Contact me a midsouthsafetyrisk.com

    Brian Hill

Leave a Reply

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

Primary Sidebar

FREE DOWNLOAD

How To Avoid, Manage, And Win Workers' Comp Claim Litigation - FREE Download Click Here Now!

Our Sponsors

Post-Settlement Administration
 

ARCADIA - Enhancing Settlement Outcomes

The Structured Settlements Company
 

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

Medcor

Injury Triage, Onsite Clinics
MSAs, Section 111 Audits, & Conditional Payment Resolutions

Read Our Award-Winning Blog

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 2500 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

  • MSP Manual Update Puts MSAs into Motion at Provider Level
  • Know Your Correct Job Classification Codes To Save Workers’ Comp Costs
  • Reducing Work Comp Costs With Field Nurse Case Managers
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 © 2023 Amaxx, LLC. All Rights Reserved. · Privacy Policy / Legal Notice