The handling of catastrophic workers’ compensation claims requires a broad knowledge of both the law and the medical conditions. We have a wealth of experience working with annuities, Medicare Set Aside, and guardianship. The many lawyers available in our firm ensure that the clients’ interests are protected in every arena. Catastrophic claims come in many forms and expertise in handling each is critical to ensure the Employer, Carrier, and Excess Carrier have their interests fully protected. Many of the catastrophic claims we handle are referred upon the assumption of the financial obligation by the excess carrier; a fresh perspective and a wealth of experience from picking up where the last lawyers left off can change the course of the case to a less costly ending.
When an injury has occurred, but compensability has not been established, the significant financial risks require aggressive discovery and defense. Well beyond the standard discovery, the scope is far broader, far deeper, and far more intense. We know what is needed to fulfill the burdens of proof, including the hiring of expert witnesses for accident recreation, medical opinions, extensive background checks, and more. Piecing together the best team of attorneys and witnesses requires expertise. If the accident results in death, the reliance upon experts and the intense background search can prevent the high costs of death benefits. The delicate and difficult nature of exploring the history of a deceased worker requires empathy and experience, but a clear separation of the facts from the emotional toll.
When an employee sustains an extensive, compensable, catastrophic injury, the role of counsel shifts in part to medical management, ensuring the statutorily required care is provided, and dealing with situations such as in-patient facilities, long-term nursing care, aide and attendant care, and extensive home modifications. Working with guardians and guardianship appointments is an added level of responsibility we assume. We consider it our obligation to help the client ensure the injured worker is provided with absolutely everything to which he or she is entitled and providing the highest level of care while ensuring the client does not pay for more than that to which they are obligated.
Finding closure on catastrophic claims through settlement requires an attorney with relevant and significant experience who possesses a strong ability to value cases worth many millions of dollars; that is the caliber of the Kelley Kronenberg attorneys. Ensuring Medicare Set Aside is obtained, examined, and submitted to CMS is another responsibility of our lawyers; absent a comprehensive knowledge of that process and familiarity with professional administration of the set-asides, the result would be suboptimal. Structured settlements are complicated and require a clear understanding of how a structure works; fluency in this financial realm ensures our client does not overpay on a claim. Moreover, negotiations may take days or even weeks given the vast nature of many catastrophic claims; patience, perseverance, and attention to detail are critical.
Our clients can trust and rely upon our experience and expertise in the realm of catastrophic claim defense, management, and settlement.