Here are a few ways employers can make a significant impact in the early stages of workers’ compensation litigation:
Report Injuries Immediately and Keep Detailed Documentation
One of the best things an employer can do is to report workplace injuries as soon as they happen. Don’t wait—ensure all necessary paperwork is completed and accurate records are kept. Providing a detailed accident report, including witness statements and any surveillance footage, helps defense attorneys assess the claim early and craft a strategy that may prevent unnecessary litigation.Provide Personnel Files to Avoid Unnecessary Subpoenas
More and more, applicant attorneys are using third-party vendors to issue multiple subpoenas for personnel records, which can create unnecessary legal costs. To prevent this, employers should be proactive by providing a copy of the injured employee’s personnel file to the insurer right away. This can help avoid delays and reduce the need for unnecessary subpoenas, saving time and legal fees.Collect Witness Statements Early
The best time to gather witness statements is immediately following the incident. Having detailed accounts from supervisors or co-workers helps provide defense attorneys with credible evidence to support the case. The longer you wait, the less accurate or useful the witness testimony becomes, which can weaken your defense.Cooperate with the Defense Team and Insurer
Open communication between the employer, the insurer, and the defense attorney is critical. Be prompt in responding to requests for information or clarification. Early cooperation allows defense teams to tailor their approach based on the specific details of the case—leading to more effective results.Offer Return-to-Work Programs
Employers with structured return-to-work programs have a significant advantage in reducing the duration and cost of claims. By offering light-duty or modified work to the injured employee, employers can help reduce wage-loss benefits while demonstrating a commitment to helping the employee get back to work.Leverage Relationships with HR and Workers’ Comp Experts
At Lozano Law Inc., we understand that navigating the complexities of workers’ compensation claims can be challenging. To further support employers, we have established strong relationships with HR and workers’ compensation experts. These professionals can provide valuable guidance to ensure employers are compliant with regulations and are equipped with best practices for managing claims effectively. By working with these experts, employers can gain insights on how to mitigate risks, implement better return-to-work programs, and handle claims more efficiently from the start.
Conclusion: The Power of Early Involvement
Employers can make a big difference in the outcome of a workers’ compensation case by taking a proactive role early in the process. By reporting injuries promptly, providing key documents like personnel files, and communicating effectively with defense teams, employers can help minimize exposure and reduce unnecessary costs.
At Lozano Law Inc., we work closely with employers to ensure the best possible defense strategy for workers’ compensation claims. If you’re dealing with a claim and want to know how you can help strengthen your case, contact us today. Additionally, our network of HR and workers’ compensation experts is available to provide the specialized support you need to manage claims effectively and protect your business’s interests.
