Fear of being fired.
Fear of medical bills piling up.
Fear of lost income and no one returning their calls.
Here we spotlighted a reality many employers overlook: litigation isn’t inevitable—it’s often the result of silence and inaction. And the good news? This cycle of fear and litigation can be broken with simple, proactive communication strategies.
The Fear-Litigation Connection: What the Data Shows
The 2014 Workers’ Compensation Research Institute (WCRI) study posed a crucial question to injured workers: Why did you hire an attorney?
Their answers were startlingly consistent:
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Fear of being fired
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Belief that the employer thought they were faking the injury
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Assumption that their claim had been denied
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“Avoid the 3 Primary Reasons Injured Workers’ Hire Attorneys”
These weren’t legal issues—they were communication issues. In fact, many workers assumed their claim had been denied simply because no one had contacted them. Their silence-filled experience led them to conclude the worst, and out of that uncertainty, fear took hold.
And that fear had consequences:
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33% of all injured workers surveyed (not just those who hired attorneys) feared job loss.
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Of those who feared being fired, 48% hired an attorney.
These numbers show that nearly half of litigation cases might have been avoided if basic fears had been addressed early. And that starts with communication.
“No One’s Contacted Me Yet—What Do I Do?”
When injured workers call his office, it’s typically about a lack of information. They’ve been hurt, it’s been two weeks, and they still haven’t received any guidance.
The top concerns he hears:
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“How do I get paid?”
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“Who’s going to pay for my medical bills?”
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“What happens next?”
Often, these workers aren’t angry. They’re scared. They don’t understand the process. And when no one steps in to reassure them, they assume the worst and seek legal help—not for revenge, but for answers.
Addressing Fear Starts with Empathy
Empathy is the foundation of any successful workers’ comp program. It’s the ability to step into the shoes of an injured worker and understand what they’re experiencing.
The injured worker is likely experiencing:
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Financial panic
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Concern for their job security
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Uncertainty about how the process works
The solution? Meet those concerns head-on—before an attorney does.
Action Steps: Breaking the Fear-Litigation Cycle
Here’s how to shift from reactive to proactive and reduce litigation through communication:
1. Immediate First Contact
Reach out to the injured employee within 24 hours. Let them know:
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You care about their well-being.
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An investigation is underway.
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Who their point of contact will be (adjuster, claims coordinator, etc.).
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What they can expect next.
Even if you don’t have all the answers, saying “We’re here for you, and we’ll keep you updated” is often enough to prevent a call to an attorney.
2. Send a Get Well Card
A simple, handwritten note from the supervisor saying “We miss you and hope you’re healing” can be transformative. It signals to the employee that they are valued—not expendable.
When that card comes from someone the worker knows personally, it’s even more powerful. This small gesture chips away at fears of being fired or forgotten.
3. Provide an Employee Brochure
Confusion is a breeding ground for fear. A brochure that outlines the claims process in plain language—what’s covered, how bills get paid, when checks arrive, and what return-to-work might look like—can answer most questions before they’re asked. Eliminating uncertainty eliminates the reasons to hire a lawyer.
4. Follow Up with Purpose
The communication can’t stop with a brochure or a card. Consistent follow-up shows that your company stands by its values. Even short calls to check in (“How are you doing? Anything unclear?”) reinforce the message: You are not alone in this process.
A Culture of Trust Beats a Policy of Silence
Workplace culture plays a big role in the litigation cycle. When employees feel discouraged from reporting injuries or suspect they’ll be punished for doing so, trust erodes—and litigation increases.
One participant shared a story about a worker who paid for his own treatment rather than report a workplace injury, fearing it would hurt his chances for promotion. That’s a symptom of a broken culture.
If you want to reduce claims costs, improve outcomes, and maintain morale, build a culture where injuries are acknowledged, not punished—and where communication is the norm, not the exception.
Final Thoughts: The Easiest Case to Win Is the One You Never Fight
“You win the battles you don’t have to fight.” Most litigation can be avoided if employers take just a few simple steps to reduce fear and build trust.
The process isn’t complicated:
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Communicate early and often.
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Be clear, kind, and consistent.
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Treat injured workers the way you’d want your family treated.
Break the silence, break the fear—and you’ll break the litigation cycle, too.
Michael Stack, CEO of Amaxx LLC, is an expert in workers’ compensation cost containment systems and provides education, training, and consulting to help employers reduce their workers’ compensation costs by 20% to 50%. He is co-author of the #1 selling comprehensive training guide “Your Ultimate Guide to Mastering Workers’ Comp Costs: Reduce Costs 20% to 50%.” Stack is the creator of Injury Management Results (IMR) software and founder of Amaxx Workers’ Comp Training Center. WC Mastery Training teaching injury management best practices such as return to work, communication, claims best practices, medical management, and working with vendors. IMR software simplifies the implementation of these best practices for employers and ties results to a Critical Metrics Dashboard.
Contact: mstack@reduceyourworkerscomp.com.
Workers’ Comp Roundup Blog: http://blog.reduceyourworkerscomp.com/
Injury Management Results (IMR) Software: https://imrsoftware.com/
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional.
