What Does a Workers’ Compensation Defense Attorney Do?

Workers’ compensation defense attorneys play a crucial role in the legal landscape, particularly in cases where employers or insurance companies are disputing workers’ compensation claims. Understanding the role of these attorneys is essential for both employees seeking compensation and employers aiming to protect their interests.

Are you wondering what a workers’ comp defense attorney does and how their work might affect you? Here’s what you need to know.

Representing Employers and Insurance Companies

One of the primary responsibilities of a workers’ compensation defense attorney is to represent employers and their insurance companies when disputes arise over claims. These disputes can involve various issues, including:

Validity of a claim
Extent of an employee’s injuries
Need for ongoing medical treatment or rehabilitation

Investigating Claims

Workers’ compensation defense attorneys conduct thorough investigations into the circumstances surrounding a claim. This may involve gathering evidence, interviewing witnesses, reviewing medical records, and consulting with experts to assess the validity of the claim and identify any potential defenses.

Developing Defense Strategies

Based on their investigation, defense attorneys develop strategies to defend against workers’ compensation claims. This may involve challenging the causation of the injury or illness, disputing the severity of the injuries, or arguing that the employee’s actions were not within the scope of their employment.

Negotiating Settlements

In many cases, workers’ compensation defense attorneys work to negotiate settlements that are favorable to their clients. This may involve:

Reaching agreements on the amount of compensation you’ll receive
Provision of medical treatment or rehabilitation services
Resolution of disputes through alternative dispute resolution methods such as mediation or arbitration

Representing Clients in Hearings and Appeals

If a claim cannot be resolved through negotiation, defense attorneys represent their clients in formal hearings before administrative law judges or other relevant authorities. They present evidence, examine witnesses, and argue legal points on behalf of their clients.

Additionally, if a decision is appealed, defense attorneys handle the appellate process, advocating for their client’s interests at every stage.

Providing Legal Advice and Guidance

Workers’ compensation defense attorneys provide legal advice and guidance to their clients throughout the claims process. This includes advising employers on compliance with workers’ compensation laws, helping them implement effective risk management strategies, and offering guidance on how to handle specific claims or disputes.

Staying Up-to-Date on Legal Developments

Given the complexity of workers’ compensation laws and regulations, defense attorneys must stay abreast of any changes or developments in the field. This ensures that they can provide their clients with accurate and up-to-date legal advice and representation.

Workers’ compensation attorneys serve as advocates for employers and insurance companies. They work to protect their interests and ensure the fair handling of claims. Whether negotiating settlements, representing clients in hearings, or providing legal guidance, these attorneys play a vital role in the workers’ compensation system.

If you’ve been contacted by a workers’ compensation defense attorney or you need any support with your workers’ comp claim, contact Shugarman & Mehring at (410) 783-4200 or toll-free at (888) 342-7200.