FREQUENTLY ASKED QUESTIONS
The Law Office of Patrick J. Sodoro LLC, provides the following answers to questions our attorneys frequently encounter as they represent employers in Workers' Compensation Defense matters throughout the Midwest.
For other questions or advice and representation regarding a particular Workers’ Compensation matter, contact us to speak with one of our experienced Workers’ Compensation Defense attorneys.
Q. What does Workers’ Compensation Insurance Defense include?
In general, insurance defense includes the representation of insureds in defense of lawsuits arising out of a work place accident or occurrence covered under the insured’s policy. Although the insurer has a duty to defend an insured under the policy, many insurance defense attorneys also advise and represent insurance companies in matters involving claims handling, the defense of litigation, or both.
Q. What does handling a Workers’ Compensation case involve?
Effective case management is about more than court appearances and Client updates. Employers need attorneys who think strategically and efficiently about their Clients’ goals and outcomes. Our firm’s philosophy is to develop litigation strategies minimizes our Clients’ risks and costs, while aggressively defending their interests. We communicate extensively with our Clients to learn about their litigation preferences, management targets, and their resolution goals. Our approach is built on understanding our Clients to establish an effective partnership with them.
Q. What type of employers do you represent?
Our firm represents employers from a wide range of industries including both public and private companies. We also serve Clients who carry Workers’ Compensation insurance and those who self-insure. Self-insured employers brings another level of complexity; for this reason, it is essential to work with experienced attorneys who understand the complexities of such cases. Our depth of knowledge and proactive approach help put our Clients in a position to resolve the case efficiently and at minimal cost.
Q. What type of claims do you defend against?
Our firm defends clients for all types of Workers’ Compensation cases and matters related to those claims, including:
Workers’ Compensation Subrogation Claims
Medicare Set Asides
Disability Insurance Claims
Employer Liability
Discrimination Defense
Retaliatory Discharge
Q. Do Workers’ Compensation claims end up in court?
Many times settlement can be reached before the claim is brought before a Judge. Our firm’s goal is to provide practical and proactive legal advice, diligently manage accepted claims to reduce liability, employ results-based negotiations skills to properly resolve contested cases, minimize defense costs and achieve finality. In the cases which cannot be resolved by compromise settlement, we aggressively and effectively defend our Clients before the Workers’ Compensation courts and the appellate courts.
Q. Who Pays Workers’ Compensation Benefits?
In many states, employers are required to purchase insurance for their employees from a Workers’ Compensation insurance company. Larger companies who are financially stable are allowed to act as their own Workers’ Compensation insurance company which is called being “self-insured.” Self-insured companies will pay their own benefits to an injured employee.
Q. Do Workers’ Compensation benefits cover only specific injuries or does it also cover long-term problems and illnesses?
Specific traumatic injuries are covered as well as repetitive injuries, although repetitive injuries are more difficult to prove. A lot of employees receive benefits for injuries that are caused by overuse or misuse over a long period of time, including carpal tunnel, tennis elbow, etc. Also, employers may be responsible for the future medical care arising out of a work-place injury, which makes it even more important to hire an experienced attorney who can mitigate this exposure.