The goal of the workers’ compensation lawyers at TGB who represent the claimant or plaintiff (injured worker) is to help him get benefits. The purpose of the workers’ compensation attorney representing the defendant (the employer or the employer’s insurance company) is to mitigate the defendant’s liability. Typical job roles of a workers’ compensation attorney include:
- Collecting medical evidence and medical records
- Take statements from the claimant, doctors, medical experts and other parties
- Making the discovery
- Conducting legal investigations
- Stay up to date with the evolution of the law
- Drafting of briefs, fact conclusions, motions, pleadings, opinions and other legal documents
- Litigate cases before a workers’ compensation judge or arbitrator
Claimant or Plaintiff Duties
Workers’ compensation lawyers at TGB on the claimant’s side assist injured workers with filing and litigating claims. They should have an understanding of the work involved in the grievance process. They should as well have compassion for the plight of the injured party.
- Answer customer questions and guide them through the workers’ compensation process.
- Contact medical providers Complete documentation related to the claim.
- Represent the plaintiff’s interests in hearings, trials, statements, oral arguments, mediations, arbitrations, and other proceedings.
- Help the injured worker with workers’ compensation benefits, including appropriate medical care.
- Communicate with the worker’s supervisors about the status of injured workers.
- Negotiate agreements on behalf of the claimant.
On the defence side, workers’ compensation attorneys help insurance companies or self-insured employers mitigate their exposure and defend workers’ compensation claims. They should understand claims filing guidelines for each business unit they work with. They should be able to budget costs and calculate exposure and have knowledge of billing procedures. Workers’ compensation attorneys on the defence side can:
- Represent the employer’s or the insurance company’s interests in hearings, trials, oral arguments, depositions, mediations, arbitrations, and other proceedings.
- Communicate with claims representatives
- Monitor loss execution reports for trends and increases and alert management for concerns.
- Help with accident investigation and problem areas
- Managing workers’ compensation costs to reduce accountability
- Compile and submit reports as required by company management
- Coordinate and assist in complaint reviews
- Negotiate agreements on behalf of the insurance company
Skills and Knowledge
In addition to these essential legal skills, the skills and knowledge needed to excel as workers’ compensation lawyers at TGB include:
- Experience in litigation and substantial experience in testing
- Practical understanding of workers’ compensation laws and procedures
- Excellent oral and written communication skills
- Strong research and analysis skills
- Ability to juggle a large number of cases and reconcile multiple priorities and deadlines
- Excellent negotiation skills
- Ability to work independently and as part of a team
- Strong technology skills including proficiency with Microsoft Office software and legal research platforms such as Lexis and Westlaw
Understand the medical, scientific, construction, product, engineering and other cases inherent in workers’ compensation cases.