The Problem With How Most Employers View Defense Counsel
In many workers’ compensation programs, defense attorneys are treated like a necessary evil—a cost to control, minimize, and scrutinize. That mindset is not just outdated. It’s expensive.
When employers view defense counsel purely as a line item, they create distance, delay communication, and limit collaboration. The result?
Slower decision-making
Missed opportunities to deny or resolve claims early
Higher litigation costs over time
The irony is simple: the more you try to “control” your attorney, the less effective they become.
The Real Role of a Defense Attorney
The transcript makes one thing very clear: the best defense attorneys don’t just defend claims—they help shape outcomes from the very beginning. They are not reactive. They are strategic.
In other words, they are part of your core claims team, not a vendor sitting on the sidelines.
The Cost-Control Trap
Many employers unintentionally sabotage their own results by over-focusing on defense costs.
This shows up in behaviors like:
Delaying attorney involvement to “save fees”
Micromanaging billing line items
Restricting communication unless “absolutely necessary”
Treating legal input as a last resort
But here’s the problem: by the time you involve the attorney, the claim is already more complicated—and more expensive. Early decisions drive outcomes. And without legal input, those decisions are often flawed.
What High-Performing Programs Do Differently
Best-in-class programs flip this model entirely. Instead of asking, “How do we reduce legal spend?” they ask:
“How do we use legal expertise to reduce total claim cost?”
That shift changes everything.
In high-performing programs:
Attorneys are involved early—even before formal litigation
Adjusters regularly ask: “What do you think?”
Legal input is used to guide investigation, not just defend it
The relationship is collaborative, not transactional
If you treat your defense attorney like a cost, they will behave like one. If you treat them like a strategic partner, they will help you reduce litigation, improve outcomes, and strengthen your entire program. The difference isn’t in the attorney. It’s in how you use them.
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.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional.
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.
