Not when the claim is denied.
Not when the IME is ordered.
Not when the trial date is set.
But at the moment the claim is first reported — sometimes even before the carrier or TPA has opened the file.
The key that unlocks this early engagement?
A simple question:
“What do you think?”
Why This Question Matters
Most employers view defense attorneys as expensive, last-resort resources.
This mindset loses cases.
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“Avoid the 3 Primary Reasons Injured Workers’ Hire Attorneys”
“What do you think?” prompts the attorney to evaluate:
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Is this claim compensable?
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Should we deny it or accept it?
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What do we need to lock down early?
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Should we order an IME now or later?
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Which doctor is most credible with our commission or judge?
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Should we pay the ER bill under pay-without-prejudice to avoid litigation?
This single question jump-starts a strategic defense plan.
The Right Attorney Won’t Charge You for Asking
In the transcript, Stuart explained that a high-integrity attorney:
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Answers early calls
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Provides early strategy
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Doesn’t open a file prematurely
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Doesn’t immediately bill for every email
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Treats the employer like a fiduciary partner
“If your defense counsel acts like a friction cost, you have the wrong counsel.”
A true partner attorney wants you to win — not just for this case, but across your entire program.
How “What Do You Think?” Directly Reduces Litigation
Early attorney input helps employers:
1. Avoid unnecessary denials
Wrongful denials create immediate, avoidable litigation.
2. Build a defensible case from day one
Attorneys can direct:
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Witness statements
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Supervisor reports
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Social media captures
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Job videos
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Recorded statements
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Early provider selection
3. Make smart first-bill decisions
Sometimes paying a $150 ER bill avoids a $50,000 litigated claim.
4. Avoid medical traps
Picking the wrong doctor early can destroy a case later — attorneys know which providers hold credibility.
5. Reduce long-term attorney spend
Early guidance means fewer disputes, fewer hearings, fewer surprises.
The Employers Who Win Ask This Question Early and Often
When a claim hits your desk, fire off the email immediately:
“Here are the facts of the injury. What do you think?”
It leads to better denials, better settlements, and better litigation outcomes — and often avoids litigation entirely.
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.
