What to Know Before Starting Workers Comp Litigation
March 1, 2021

No one wants a workers’ comp claim to result in litigation. Both claimants and employers avoid the uncertainty and stress of a trial by settling outside of court. Still, in some circumstances, litigation might seem inevitable. Both sides may feel a jury verdict is the only recourse in those times where an injury didn’t clearly occur at work or if treatment may be potentially excessive.

Here are some things you need to know before starting workers comp litigation in California.

Paying a settlement may save you money in the long run.

You can prevent a dreaded outcome by settling. It may save you money in the long term, even if you win at trial. Consider the cost of settlement vs. the trial cost. You may have read or heard about juries awarding nuclear verdicts of millions of dollars to plaintiffs as punitive actions against companies.

The best way to avoid the uncertainty that comes from a jury trial is to settle—both sides must find a compromise. The defendant pays out more than they may wish to, and the plaintiff gets a smaller reward than they may want, but there’s minimal risk for either side.

Video surveillance isn’t always a guarantee of a winning verdict.

Surveillance cameras are commonplace in businesses these days for protecting both employees and employers. Video surveillance often comes up during workers’ comp litigation because employers believe it will prove the employee caused their injury by:

  • Lifting too much.
  • Not following safety protocols.
  • Behaving irresponsibly.

Because the industry is concerned with worker advocacy, video footage can backfire against the employer. That’s why it’s critical to inform employees if you install video surveillance and always consult with an attorney before bringing video surveillance into workers’ comp litigation.

Empower yourself with thorough research about the claim.

Many issues arise surrounding pain management during workers’ compensation, often keeping the claim open longer. Depending on the severity of the injury, pain management may take a long time to treat. Sometimes, doctors prescribe opioids, which have a high rate of addiction.

These cases often go to litigation because employees may appear to have recovered from their injury but still request treatment. Ongoing suffering from an injury may not always be outwardly visible. Or, the employee may have become addicted to the painkillers.

In most cases, claimants are motivated to resolve their pain management, avoid opioid addiction, and get back to work. There are alternatives to litigation, where employers can work with claimants to resolve their injury and treatment so they can return to the job.

Workers’ comp insurance isn’t the only way to deal with injuries at work.

Samuel Hale provides a revolutionary new system for handling claims that eliminates the threat of workers’ comp litigation for California employers. Our motivated, ambitious team of innovators developed The Patriot employer solution. We work with businesses and staffing agencies to use Alternative Dispute Resolution.

The Patriot combines workers’ compensation insurance with HR benefits. We advocate for employees, expediting medical treatment while minimizing your insurance program and overall operating costs. The Patriot program provides the following benefits:

  • Workers’ compensation coverage and certification.
  • Safety evaluation and risk management consulting.
  • Payroll services and compliance.
  • Healthcare, pension services, and voluntary benefits.

We’re an advocate for California businesses, helping employers and employees come together.

Prevent workers comp litigation from driving up your business’s policy costs with Samuel Hale.

The Patriot is a totally new type of worker’s comp policy that provides worker’s comp insurance designed to eliminate fraudulent claims, keep your premiums low, and save you serious money in the long-term.

Before you resign yourself to traditional California worker’s comp insurance, talk with the Samuel Hale team to get a free claims analysis.

Workers comp litigation is an expensive hassle for employers, but possible to avoid.