Our attorneys are adept at helping confirm coverage for the possibility of employer liability under the limited circumstances in which an employer could face civil litigation outside the workers’ compensation system regarding an employee’s injury. We also help employers handle issues that are less about the scope of coverage under the insurance policy and more about complex workers’ compensation programs and the financing of those arrangements.
We also advise on claims mishandling problems for clients that have loss-sensitive programs featuring large deductibles or retrospective premiums.
Notably, we have helped clients combat insurance company tactics such as misclassifying workers or entire businesses into class codes for riskier job duties that generate higher premiums. With all of these issues, we have deep experience in court, in arbitration, and in direct negotiation with insurance companies and third-party administrators.
Barnes & Thornburg’s Insurance Recovery and Counseling group represents policyholders exclusively. Several of our attorneys, however, represented insurance companies before they joined our firm and that experience continues to provide valuable insight into how insurance companies think and operate.