Harvey Warren: Litigation is a difficult subject in every possible setting. By definition, litigation carries with it conflict; the process of resolving rights-based disputes through the court system. The “grand bargain” was struck to put an end to the avalanche of lawsuits in the workers’ comp system.

Yet, while lawsuits arise for a variety of reasons, many of those reasons are not as obvious as many believe. Studying the data and research around litigation in workers’ comp suggests there is a way to help minimize this very costly aspect of a workplace injury...

A more recent WCRI study of nearly a million claims across 31 states found attorney involvement increases payments by $7,700–$12,400, increases lost time by 284%, and inflates expenses by 200%, with 34% of workers out more than seven days ending up represented. That’s the “cost” story the industry usually tells and bemoans. But WCRI’s own follow-up work asked the more useful question: “Why do workers hire attorneys in the first place?” Their answer isn’t “opportunism”, it’s largely about how the claim process itself is handled.

Read the full article here.  For WCRI's work on litigation in the workers' compensation system, see Impact of Attorney Representation on Workers’ Compensation Payments.  The study's webpage also includes details on how you can get a copy!