Impact of Attorney Representation on Workers’ Compensation Payments

By Bogdan Savych, David Neumark

September 25, 2024 Related Topics: Indemnity Benefits, Litigation and Dispute Resolution, System Overview

The workers’ compensation system was designed to be a straightforward way of handling work-related injuries, but legal disputes are still common, often leading to the involvement of attorneys.

This study looks at how attorney involvement affects the indemnity payments workers receive to help cover their lost income after a work injury. It uses a method that accounts for the fact that lawyers are more likely to get involved in cases with more serious injuries or where disputes arise. These underlying factors, which are often hard to measure, have made it difficult to determine the true impact of attorney involvement in the past.

The study analyzes data from workers injured between October 1, 2012, and September 30, 2019, across 31 states. The data reflect experience through March 2022.

Impact of Attorney Representation on Workers' Compensation Payments. Bogdan Savych and David Neumark. September 2024. WC-24-22.

Copyright: WCRI

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Research Questions:

  • What is the impact of attorney involvement on the amount of indemnity payments that workers receive after their injuries?
  • What impact does attorney involvement have across different injury types, such as fractures, lacerations, contusions, low back pain cases, inflammations, and non-back sprains and strains?

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