When it comes to litigation as the result of workers compensation claims, the costs can pile up sky high. From attorney fees to lost worker wages to expert fees to medical expenses—it all adds up. There are some things you can do to help get such cases settled as quickly as possible.
- Report any new litigation immediately – Be sure to report items as soon as possible. The first notice of an injury is sometimes a “Notice For Hearing” and will come from either current or past employees. Most carriers have an adjustor strictly for litigation, so the sooner any new litigation notices arrive at the office, the better. Send all of the proper documentation to the carrier and follow up to make sure the right person gets it.
- Get personnel files to your carrier – Prepare the employee’s personnel file. It should be pulled and ready for mailing. Be sure to include anything important to the claim. This may include job applications, time sheets, medical records or invoices, disciplinary write-ups and anything else that might be helpful. You should work on your defense before any hearings.
- Call the attorney – Always make sure your attorney is up to date. Be sure they know about your company and what you do. Follow up with the attorney on a regular basis.
- Be available – As the employer, you know the company better than an adjustor or anyone. Make sure your carrier and attorney have accurate and detailed job descriptions. It is not unusual for job duties to be inflated. Be involved in all aspects of the claim.
- Talk with employees – Talk with your employees to see what they have heard about the lawsuit. It is worth your time to talk with workers to see what is being said.
- Explore all information – Make sure you know everything you can about the person making the claim. This includes hobbies, type of house and car, what the spouse does for employment, bars and restaurants they frequent, etc. The more information that can be gathered for any litigation, the better.
- Settle the case– Always be prepared to settle the case. Due to a risk of losing, carriers take few cases to trial. An early settlement speeds up the process and decreases costs.
Insurance claims can cost a lot of money. Companies should stay involved in all aspects of litigation.
Modern Business Associates is an HR company that focuses on payroll and HR outsourcing. We routinely work with clients on workers compensation claims. As a Professional Payroll and HR outsource organization, our clients rely on us to help them effectively deal with these kinds of topics.
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