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You are here: Home / Litigation Management / The Day-One Strategy That Determines Whether You Win or Lose a Claim

The Day-One Strategy That Determines Whether You Win or Lose a Claim

November 27, 2025 By //  by Michael B. Stack

Most employers think winning a litigated workers’ comp case depends on the attorney’s performance at trial.

You win cases long before trial even exists.

Winning begins:

  • The moment the injury occurs

  • With the first conversation

  • With the first written statement

  • With the first video

  • With the first medical decision

  • With the first attorney consultation

This is why the employers who win consistently have a reputation for being:

Click Link to Access Free PDF Download

“Avoid the 3 Primary Reasons Injured Workers’ Hire Attorneys”

1. Early

2. Thorough

3. Always ready for trial

When plaintiff attorneys know you are the employer who “does everything right,” they settle faster, file fewer lawsuits, and take fewer questionable cases.

The Formula: Investigate Early, Investigate Fully, Be Ready to Try Every Case

“Investigate early, investigate fully, and be ready to try the case.”

This reputation does two incredible things:

1. Plaintiff attorneys avoid taking weak cases against you.

2. Cases settle cheaper — because the other side knows you will win.

Early Investigation: What It Actually Looks Like

High-performing employers collect evidence the same day the claim is reported:

✓ Written Supervisor Report

A timestamped statement that becomes unshakeable evidence at trial.

✓ Employee Written Statement

So they can’t change their story later.

✓ Witness Statements

To prevent waffling or fabrication.

✓ Social Media Capture

Before the employee locks accounts.

✓ Video of the Incident Area

Even if the injury wasn’t caught on camera, video of the employee walking out of the building may contradict their story.

✓ Video of the Job Itself

A 30-second phone video is often more persuasive than 10 pages of testimony.

Why Early Investigation Sets Up Courtroom Wins

When cases go to trial, defense attorneys rely heavily on the evidence employers collected on day one.

Judges give more weight to:

  • Original written statements

  • Video taken close to the date of injury

  • Witness reports made at or near the time of the incident

  • Social media posts showing contradictory activity

  • Job-site videos that demonstrate real job demands

The employer who brings this evidence looks credible.
The employee who contradicts it loses credibility fast.

Preparation Destroys Litigation Fear

Many employers fear litigation because they feel reactive — like they’re always behind the curve.

“Fear comes from not understanding something. If we eliminate fear through preparation, we win cases.”

Early investigation creates:

  • Confidence

  • Predictability

  • Consistent results

  • Reduced spend

  • More denials that withstand challenge

  • Less litigation overall

Plaintiff attorneys don’t want to fight a prepared employer.

The Employers Who Win Build a Long-Term Reputation

There is a compounding effect.

If you:

  • Investigate every claim thoroughly

  • Engage your attorney early

  • Present superior evidence at every hearing

  • Show up in person

  • Use high-integrity communication with employees

Word spreads.

Plaintiff attorneys talk.
Adjusters talk.
Judges talk.

And suddenly:

You’re the employer whose cases are too hard to beat.

FREE DOWNLOAD: ” Avoid the 3 Primary Reasons Injured Workers’ Hire Attorneys “

Winning Isn’t What Happens at Trial — It’s What Happens on Day One

Early investigation is not optional.
It is the single most powerful differentiator between employers who win and those who bleed money through litigation.

Your reputation becomes your shield.
Your preparation becomes your offense.
And your consistent system becomes your path to victory.

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/

©2025 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.

FREE DOWNLOAD: ” Avoid the 3 Primary Reasons Injured Workers’ Hire Attorneys “

Filed Under: Litigation Management

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