Workers' Comp Claims Investigations: Best Practices for Claimant and Defense, Role in Settlement and Litigation Strategy
Conducting a Thorough Investigation; Preparing Claimants; Using the Investigation for Settlement and Litigation Strategies
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Tuesday, March 11, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide practitioners through workers' comp claims investigations. The panel will discuss the roles of claimants’ and defense counsel and offer best practices for conducting the investigation and preparing the claimant for responding to defense inquiries. The panel will also address how both parties may use the investigation to be in the best position for settlement negotiations and/or litigation preparation.
For over 15 years, Ms. Mills has been representing employers in the defense of workers’ compensation cases, employment matters, and civil litigation. She has served as a council member of the Workers’ Compensation Section of The Iowa State Bar Association, a Blackstone Inn of Court member, and a member and vice chair of the American Bar Association’s Tort Trial and Insurance Practice Section. Ms. Mills has been a guest lecturer in a number of seminars, including the Iowa Workers’ Compensation Advisory Committee’s Annual Symposium, Claims Litigation Management’s conference, and the ABA TIPS’ Workers’ Compensation’s Section Midwinter Conference. She also frequently provides in-house seminars to clients on issues involving workers’ compensation and employment law, in addition to authoring articles for various publications.
Mr. Lower’s primary area of practice is workers’ compensation defense, and he also has experience in civil litigation and collection law as well. Mr. Lower has trial experience in civil and administrative courts, and he has also argued cases on appeal at the administrative level as well. He is a frequent speaker at events related to workers’ compensation defense.
Workers' comp investigations examine the legitimacy of a claim. Often investigations proceed beyond insurance company claim administrators to involve defense counsel. Claimants' and defense counsel should understand the ins and outs of workers' comp investigations to serve their clients' interests and to be in the best position to negotiate settlements and/or prepare for litigation.
Defense counsel's involvement in the investigation may involve gathering evidence, including witness statements and reviewing medical records, consulting with experts to assess the claim's validity and develop potential defenses, and deposing the claimant.
Claimants' counsel should prepare their clients for what may be involved in the investigation--including how to respond during interviews and prepping for depositions that can make or break their claim.
Listen as our expert panel guides practitioners through the workers' comp claim investigation process. The panel will offer best practices for navigating investigations for claimants' and defense counsel and discuss pitfalls to avoid.
- Introduction
- Conducting the investigation
- Purpose
- Witness interviews
- Medical records review
- Consulting with experts
- Interviewing/deposing the claimant
- Guiding the claimant through the investigation process
- Interviews
- Depositions
- Other guidance
- Next steps
- Negotiating settlements
- Preparing for litigation
- Practitioner takeaways
The panel will review these and other important considerations:
- What is the purpose of workers' comp claim investigations?
- What is defense counsel's role in workers' comp investigations?
- How should claimant's counsel prepare their client for the investigation?
- How may counsel for both parties use the investigation to be in the best position for settlement and litigation purposes?
