Lawyers Say Workers Comp: Key Insights for Workers’ Comp Success

Understanding lawyers say workers comp is essential for anyone navigating workers’ compensation. Whether you are an employer managing premium costs or an insurance agent serving clients, mastering lawyers say workers comp gives you a decisive advantage—helping you avoid costly mistakes and deliver better outcomes in the workers’ comp system.

According to an article in Business Insurance (September 14, 2015), injured employees are more likely to win retaliation claims because comp cases have a lower burden of proof and there is empathy for the injured worker. It is not only the termination of an employee that triggers a claim; it could be any employment action that allegedly results from the employee’s claim, including a reduction in benefits and reassignment to a different position or location.

Common mistakes made by employers:

1. Using the injury as a way to get rid of a problem employee.
2. Inflexible policies about the expiration of FMLA leave.
3. Failure to accommodate requests for additional time off or demonstrate that the absence causes undue hardship.
4. Alleging violation of attendance policies that have not been enforced consistently.
5. Poor communication with the injured employee, leading to uncertainty and fear.
6. Inappropriate emails, text messages or phone conversations that suggest malingering or threaten disciplinary action and reflect ineffective training of managers and supervisors.
7. Discussion among managers and co-workers that the employee “is faking it.”
8. Delays in processing claims.
9. No or poor return-to-work programs.

Agents can sharpen their edge with the IWCP workers’ comp sales tools—resources built to help agents write more business and deliver better outcomes.

Employers can learn the fundamentals at Locked and Loaded Training, designed specifically for employers navigating workers’ comp.