Former Defense Attorney Offers Advice about Worker’s Compensation

Meet Tyson Schroeder, a former defense attorney who now helps injured workers

 

I was a defense attorney for years before I came to work at Klezmer Maudlin.  I have been on both sides of the aisle.  I understand how defense attorneys and insurance companies work.  Because of this, I understand the tactics employers and insurers often use, and I can help you navigate the hoops and obstacles they may make you jump through.

 

Strategies used by defense attorneys in worker’s compensation cases

 

There are a number of strategies I learned as a defense attorney that you should know to help you as you navigate your own worker’s compensation case.  Here are a few:

 

Time is Money

Defense attorneys know that an injured employee is most likely to settle for less than the true value of his claim when he is most desperate for money. This means that the insurance company will essentially cut off medical care until the claimant is virtually broke.  Time is on the insurance company’s side.  They have more money and incentive to delay before they settle your claim.

“Pie In The Sky” demands are a show of weakness

As a defense attorney, I was taught to try and identify the most likely outcome at a trial and then realize value for employers by targeting settlements that were beneficial to them.  In my capacity as an advocate for employees I strive to fully inform my clients of the strengths and weaknesses of their situation and make sure my clients fully realize their claims’ true value. You want an attorney who is realistic about settlements and neither undersells the potential, nor oversells possibilities.

Know When To Say “When”

It costs money to prosecute a claim and to defend it.  A good attorney will know when to stop negotiating and just bring the matter to the judge for a decision.  A good attorney will know their chances with the judge and will know that delaying any further, in hopes for a meager settlement, is no longer beneficial to the client.

Not all defense attorneys are equal

I feel very lucky that I was taught the ins and outs of worker’s compensation at a reputable defense firm. However, since I have been working for employees, I have been absolutely horrified at the tactics of some of the companies, and defense attorneys, I have come to know more intimately than when I was on their side.  When it comes to your claim you absolutely need an advocate on your side to make sure it is not hijacked by a defense attorney and that a Worker’s Compensation Hearing Member gets the evidence she needs to make an informed decision.  In my experience, worker’s compensation judges want to do the right thing. They just need someone to present all the details of the case accurately.

 

Why I became a worker’s compensation attorney

 

I decided to leave my position as a defense attorney and come to Klezmer Maudlin because I had great respect for the attorneys and the staff on this team, and wanted to be a true advocate for injured workers.  Our attorneys understand the Worker’s  Compensation system and the pressures of being both defense and plaintiff attorneys in Indiana and Kentucky.  We can help you to most effectively execute your claim to get the most value for you.

 

If you’ve been injured at work and would like to consult with an experienced worker’s compensation attorney, contact us at Klezmer Maudlin. We care about fighting for the rights of injured persons and workers throughout the state of Indiana.  With offices in EvansvilleIndianapolisLafayetteNew Harmony, and Jeffersonville (Louisville, KY), we are well-equipped to handle your case.