Transcript DoNT’s and do’s for claimants’ attorneys
A Defense Perspective on
DONT’S AND DO’S FOR CLAIMANTS’ ATTORNEYS
Don’t…
Tick off the adjuster
You will always catch more flies with honey Adjusters are more likely to ask for additional authority for attorneys they like
Files go to defense counsel faster when relations break down
Don’t…
Refuse to give a recorded statement or sign medical authorizations
Adjusters can’t accept claims they can’t investigate Denied claims can be harder to settle because of the costs invested
Refusing to cooperate in investigation will just “tick off the adjuster”
Don’t…
Claim injuries you can’t prove
Additional body parts don’t always add up to additional settlement value Inflating the claim inflates the reserves, which draws attention of managers, meaning claim will be defended more vigorously
Good way to “tick off the adjuster”
Don’t…
Withhold IME Reports until hearing
The faster the carrier knows the value of the claim, the faster it can be resolved WCC will give defense opportunity to depose unknown experts, causing delay Most defense attorneys would prefer to get their own IME in response (instead of deposing your expert & taking up your time) And…it will “tick off the adjuster”
Don’t…
Delay in making a settlement demand
Many settlement decisions are made by Committee and can’t be made quickly Carriers do not like to make the first offer If the Defense is already prepared for hearing, many carriers would prefer to take their chances instead of settling Last minute settlement demands always “tick off the adjuster”
Do…
Request ISO Reports or prior WCC Files
The carrier will know about all prior injury claims A claimant who denies prior claims will have a big credibility problem Ensure your medical experts know about prior accidents so they can address causation accurately Having all available information preserves your credibility
Do…
Request prior medical records
Medical history always affects causation Showing a negative history can bolster a claim Uncovering a pre-existing condition early allows experts to address causation honestly Being forthcoming about a pre-existing condition will bolster your credibility
Do…
Warn your clients that they will be watched
Nothing undermines a claim like a Claimant caught on video Claimant’s caught working while on TTD will likely be referred to Attorney General Better to be honest about activities than exaggerate limitations If a claimant undermines his own credibility, he’s undermining his attorney’s credibility, too
Do…
Encourage claimants to maintain good relationship with Employer
Employers want to see likeable claimants fairly compensated and back to work In the end, a good job is worth more than any comp claim Employers have legitimate need for information…let them have it Helping maintain good employment relations will bolster your credibility
Do…
Build good working relationships
Workers’ comp is fast-paced, the stakes are high, and the competition is fierce between defense firms Defense attorneys and adjusters stake their reputations on the recommendations they make… Even if emotions run high, try to maintain a personal relationship with opposing counsel and adjusters…you never know when you need them to go to bat for you or your client