Navigating Workers' Comp Claims Investigations: Best Practices for Claimants’ and Defense Counsel
Conducting a Thorough Investigation; Preparing Claimants; Using the Investigation for Settlement and Litigation Strategies
A live 90-minute CLE video webinar with interactive Q&A
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.
Outline
- 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
Benefits
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?
Faculty
Austin J. Lower
Attorney
Smith Mills Law
Mr. Lower’s primary area of practice is workers’ compensation defense, and he also has experience in civil... | Read More
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.
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Lindsey E. Mills
Shareholder
Smith Mills Law
For over 15 years, Ms. Mills has been representing employers in the defense of workers’ compensation cases,... | Read More
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.
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