What You Need to Know About Overcoming Top Workers' Compensation Issues
Are you confident you can tackle any challenge that comes your way in workers' compensation cases? This comprehensive course will provide you with the essential strategies from both claimant and defense perspectives that you can use to anticipate the actions of the opposing party. Gain an upper hand over the other side of the table in your next workers' compensation case - register today!
- Maximize your understanding of workers' compensation laws and avoid common errors.
- Learn how to correctly assess the value of a claim.
- Develop key strategies for successful settlement negotiations.
- Determine how the Affordable Care Act affects workers' compensation settlements.
- Anticipate and proactively plan for opposing counsel strategies.
All times are shown in Eastern time
- Workers' Compensation Law: Misunderstanding Key Legal Concepts
10:00 - 10:45, Brad Kolling
- Scope of Employer Liability
- Who is Covered? - Employees, Independent Contractors, Subcontractors
- Compensability - Injuries and Occupational Diseases
- Extraterritorial Application of State Law
- Non-Occupational Disability Benefit Laws
- Types of Benefits and Claims
- Third Party Recovery: When is it Possible?
- Statute and Case Law Updates
- Claim Valuation Missteps
10:45 - 11:30, Jason R. Caraway
- Disability Rating Errors
- Lost Earning Capacity Miscalculation
- Medical Care Cost Mistakes
- Not Factoring in Pre Injury Age, Wage Education and Skillset
- Death and Dependency Benefits
- Mishandling Medical Aspects of Claims
11:45 - 12:30, Jason R. Caraway
- Medical Discovery
- Choice of Doctor
- Second Medical Opinions
- Medical Evaluation Issues and IMEs
- Vocational Rehabilitation
- Functional Capacity Evaluations
- Case Preparation Mistakes: Claimant Attorneys
12:30 - 1:15, Robert E. Wilson
- Intake - Does an Injured Worker Have a Case?
- Limitations of Representation
- Investigation Missteps
- Discovery Mistakes
- Obtaining Health-Related Information
- Not Showing Injuries Occurred in Scope of Employment
- Essential Documentary and Testimonial Evidence to Avoid Mistakes
- Case Preparation Mistakes: Defense Attorneys
1:45 - 2:30, T. Brian Tobin
- Not Using Affirmative Defenses
- Discovery - Interrogatory and Release Missteps
- Obtaining Medical History - HIPAA and Other Pitfalls
- Insufficient Documentary Evidence
- Inadequate Testimonial Evidence
- Sidestepping Settlement Negotiation Landmines
2:30 - 3:15, Brad Kolling
- When is a Settlement the Best Option?
- Lump Sum vs. Structured Settlements
- Not Factoring in Liens
- Not Considering Social Security Offsets
- Medicare Set-Aside Errors
- The Affordable Care Act and Workers' Compensation Settlements
3:30 - 4:00, Robert E. Wilson
- Key ACA Provisions to Understand
- Using Insurance Exchanges to Settle Workers' Compensation Cases
- Using Expanded Medicaid in Workers' Compensation Settlements
- Avoiding Ethical Mistakes
4:00 - 5:00, T. Brian Tobin
- Rules of Professional Conduct
- Communication with Other Parties
- Attorneys' Fees
- Lawyer Liability
This course is designed for attorneys. Workers' compensation claims examiners, insurance professionals and paralegals may also benefit.