Workers’ Compensation

Lathrop & Gage attorneys have represented clients in the workers’ compensation area for more than 60 years. The firm represents employers, self-insureds, insurance carriers, governmental subdivisions and state guaranty associations in all phases of workers’ compensation litigation at the administrative trial level, before labor and industrial relations commissions and other state agencies, directors of workers’ compensation, and in all appellate courts. The firm also provides counsel and representation to employers and insurance carriers in administrative and regulatory matters, including qualification to self-insure and insurance trusts, before state divisions of insurance and labor and industrial relations commissions.

We know that workers’ compensation cases affect our clients directly in many areas, from risk management to employee relations. We treat workers’ compensation as an important reality in today’s business; we know its effect on the bottom line and employee productivity. Our attorneys also know that a workers’ compensation case can extend into other legal areas, especially in issues involving the Family Medical Leave Act and Americans with Disabilities Act. Lathrop & Gage takes a comprehensive approach, so that all legal issues are addressed.

We know that a primary objective of a workers’ compensation program is to control cost. Workers’ compensation claims consist of two types of costs: administrative and benefits, including medical costs. Our approach in representing self-insurers and administrators addresses controlling costs in both areas.

Controlling Administrative Costs

Lathrop & Gage assists self-insurers and administrators in containing costs in several ways. If it has not already been done, we advise that a company representative be designated to coordinate workers’ compensation and its closely related ally, safety. The coordinator’s principal duties should be to prevent accidents from occurring; deal effectively with employees who are injured on the job, having as a primary goal returning them to work as soon as possible; and coordinate in-house activities with counsel when defending workers’ compensation claims. Our attorneys have assisted clients in locating and hiring qualified workers’ compensation coordinators, and selection and training of existing personnel to perform in this capacity.

Controlling the Cost of Benefits

Early investigation and control of claims are essential. Working closely with the company representative and administrator, our attorneys assess the validity of the claim and recommend a course of action for handling the claim to achieve the best result for the company. This is the most critical point in the entire claims process. Based on our experience, we know how to develop prior medical history to determine pre-existing conditions and disabilities. We also know which physicians are more likely to get the injured employee back to work as soon as medically possible, which is proven to speed healing for the employee and reduce costs for the employer. Our firm has a proven track record of being very effective in this critical area.