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Effective Resolution of a Workers' Compensation Claim - I

A vital component of any effective workers' compensation defense is strong negotiation skills. Attorneys must be able to reach a fair settlement without causing their employer- client to sustain unnecessary costs/losses in the form of increased insurance premiums.

How can this be accomplished?

A successful workers' compensation defense attorney will typically develop a negotiation strategy that can be customized to meet the unique needs of his or her client.  

The following is a general outline of some effective negotiation strategies utilized by attorneys in workers' compensation claim resolution. It is designed to shed some light on the settlement process.

Develop a strong plan of action

An attorney must take the time to carefully study the workers' comp claim and develop an efficient plan of action. This means identifying both the strengths and weaknesses of the workers' comp claim at issue, and determining how to proceed based on the settlement range provided by the employer's insurance adjustor.

Utilize effective negotiation tactics

The attorney will typically initiate negotiations with a more modest settlement offer. As negotiations progress, the attorney will more than likely slowly work their way up the settlement range, being careful not to make any successive offers until the injured employee's attorney has made a counteroffer.

In the event it becomes evident that the workers' comp claim cannot be settled within the acceptable range provided by the employer's insurance adjustor, the attorney may choose to bring the negotiations to a halt. 

The injured employee or their attorney may then be informed that their settlement demands are outside the scope of acceptable payments and that no further offers will be extended until these demands are lowered.

The next post will explore the steps a workers' compensation defense attorney typically takes once a fair settlement has been reached ...

Contact a California workers' compensation defense attorney to learn more ..

Related Resources:
• Claims Resolution and Settlements: Knowing When and How to Settle a Workers Compensation Claim (

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