Employers often associate litigation with conflict, complexity, and cost. But what if the real victory is avoiding the fight altogether? Preparing for trial from day one is the key not just to winning—but to preventing litigation entirely.
When your organization builds a reputation for integrity, preparation, and readiness, fewer attorneys want to fight you, and fewer claims escalate. In other words, you win by being prepared—but not by being combative.
Litigation Fear: It’s Not Just for Workers
It’s easy to see fear from the injured worker’s point of view. But many employers and claims professionals feel their own fear when litigation is mentioned. They fear high legal costs. They fear lengthy processes. They fear the unknown.
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“Fear exists on both sides. And just like with injured workers, fear in employers comes from not understanding the process.”
That’s where preparation comes in. The more you understand about what drives litigation—and how to respond—the more confident your program becomes. And confidence, like fear, is contagious.
The Core Strategy: Prepare Like You’ll Go to Trial… So You Don’t Have To
When your company has a reputation for being prepared, plaintiff attorneys take notice. They know which employers deny claims recklessly and which ones do so strategically. They know which defense attorneys show up with piles of documentation—and which ones scramble last-minute. They know whether a case is going to be a battle… or a waste of time.
And if they know your team is always ready, they’re far less likely to pursue weak or marginal claims.
Let us put it this way:
“When the employer investigates early, documents thoroughly, and brings in counsel at the right time, I adjust my strategy. Why? Because I know they’re going to be tough to beat.”
Early Action: Your Best Litigation Defense
So what exactly does “preparation” look like?
1. Start at the Scene
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Gather witness statements—in writing and signed.
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Take photos or, better yet, capture video of the job site or mechanism of injury.
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Document everything while memories are still fresh.
Early documentation keeps stories from changing and memories from fading. That credibility gap can be the difference between winning and losing a trial—or avoiding one altogether.
2. Involve Your Attorney Before It’s ‘Litigation’
Waiting to call your defense counsel until after a claim has escalated is a critical error. Instead, reach out early:
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When you’re unsure whether the claim is compensable.
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When there are inconsistencies in the injury report.
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When prior medical history complicates causation.
“If you’re avoiding calling your attorney because of billing, you’ve got the wrong program—and probably the wrong attorney.”
An early 10-minute phone call can shape the entire trajectory of a case—and save thousands down the road.
3. Leverage Strategic Tools
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Get video of the job being done. This helps educate not only the judge, but also doctors during IMEs.
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Use social media investigations. Many injured workers overshare online, offering valuable insight into their activity level.
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Document prior injuries. These can influence medical opinions and credibility in the courtroom.
You’re not just collecting facts—you’re building a compelling, trustworthy story.
Presentation Matters: Evidence Is Only as Good as Its Delivery
Even if you collect strong evidence, how you present it can make or break your case. Judges are people first. They respond not just to what’s presented—but how.
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Bring live witnesses, not just written statements.
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Cut down video depositions to the most persuasive five minutes.
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Dress your witnesses as they would be on the job, lending authenticity and relatability.
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Show the employer’s care—being present at hearings sends a strong message of engagement and credibility.
It’s about creating a story the judge can follow—and believe.
Reputation Is Everything
When your company consistently:
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Investigates promptly,
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Communicates clearly,
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Engages counsel early,
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Presents with credibility,
…you develop a reputation. And that reputation often does the heavy lifting for you.
Final Thoughts: Win the Battles You Don’t Have to Fight
Preparation isn’t just a courtroom tactic—it’s a prevention strategy. By building a system of early engagement, strategic communication, and consistent legal support, employers can drastically reduce litigation rates and lower claim costs.
“You win most of your litigation cases by never having to litigate them. You win by how you treat your employees. You win by how you prepare.”
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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