Practice Areas & Industries: Constangy, Brooks & Smith, LLP

 




Workers' Compensation Defense Return to Practice Areas & Industries

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Practice/Industry Group Overview

Serving the states of Georgia, Alabama, Tennessee, South Carolina, North Carolina, Kansas and Missouri.

Constangy's workers' compensation defense practice is truly unique.  Here’s why:

  • Unlike some multi-practice law firms in which workers' compensation is considered a sideline, the Constangy workers’ compensation practice group offers experienced and aggressive, dedicated workers' compensation defense counsel.  Here, workers’ compensation is all the attorneys in the practice group do.  This includes subrogation protection, second injury trust fund pursuit recovery, and exposure reduction counseling.
  • Constangy is not a "workers' compensation only" firm, or an "insurance defense" firm, so clients benefit from the broad resources of an overall employment law firm.  You receive legal counsel from lawyers who understand the BIG PICTURE.  Employers have been “stung” by other counsel solely focused on the workers’ compensation issues such that they actually created exposure or failed to address intertwined employment considerations.
  • Employers have ancillary concerns with workers' compensation return-to-work issues, terminations of employees who allege workers' compensation claims, ADA, FMLA, COBRA, OSHA, HIPAA and myriad other problems.  Because Constangy has represented employers in workplace legal matters for more than 60 years, attorneys here appreciate a company’s need to defend against and minimize exposure to workers' compensation claims within the full scope of the employee-employer relationship.
  • Constangy workers' compensation defense attorneys come particularly prepared to help your company.  They include a former workers' compensation Judge (Georgia) and a state Self-Insurer Association President (SC) -- among other dedicated defense attorneys, paralegal specialists, and staff with many years of experience exclusively defending workers’ compensation claims. 
  • Insurers provide Constangy a substantial portion of our workers' compensation defense work also.   In fact, our workers' compensation practice is approved on panels or as exceptions for most major insurers.  That’s because insurers have found that their insureds trust Constangy.  It is as simple as that.  Insurers appreciate the aggressive cost-effective manner of defending and closing claims for which Constangy is known.  We find insureds are sometimes skeptical of advice from "insurance defense lawyers" and are more receptive to advice they receive from Constangy workers’ compensation lawyers with knowledge of best practices in minimizing and avoiding exposure in workers' compensation claims.  Insurers also benefit because our experience and resources ensure agility in handling every manner of workers' compensation issue – and within the prickly time constraints insurers often face.
  • Our team has successfully defended every manner of workers' compensation claim ranging from basic credibility cases to carpal tunnel or back strain cases to amputations, death and alleged permanent total/catastrophic cases. 
  • Cost is always important to our clients.  Another advantage of the Constangy workers’ compensation team is the cost-effective process we have in place.  Workers’ compensation rates are competitive with other workers’ compensation practices, and Constangy resources allow for efficient and therefore cost-effective defense.  We are proud both of the conservative defense costs typical of our practice and cost savings clients receive due to aggressive defense and exposure reduction strategies.
  • Constangy’s Workers’ Compensation Defense team represents clients in a wide variety of industries, including but not limited to, the following:

Healthcare

Manufacturing

Banking

Insurance

Retail and wholesale sales

PEO's and temporary employers

Public Utilities

Educational

Governments

Sports and entertainment

Food and restaurants/hotels

  • We are often asked to conduct seminars for both insurance adjusters and employers.  When desired, Constangy can obtain approval for adjuster continuing education credit.  Examples of approved adjuster "courses" by Constangy include:

Top 10 Adjuster Mistakes in Georgia Workers' Compensation (1 CEU)

Top 10 Legal Defenses for Georgia Workers' Compensation (1 CEU)

Workers’ Compensation Representative Matters

Successfully defended against claim involving a claimant who reported an alleged injury "timely" and was found to have a large bulging disc on MRI to support his claim for disability. The outcome was a ruling that the claimant was impeached and discredited and therefore was unable to meet his burden to prove his case. The claimant appealed. The Appellate Division adopted the favorable defense decision of the Judge and further, at our request, assessed attorney fees against the claimant for an unreasonable appeal.

Successfully defended against claims involving multiple employer/insurers by persuading the Judge that a prior employer, if anyone, was responsible for continued treatment and disability rather than our employer client which was dismissed from the claim even though they were the most recent employer and even though time away from work did not arguably begin until after the claimant was employed with our client employer/insurer. (Also successfully defended against claims by showing convincingly that subsequent employers were responsible rather than our client employers).

Our attorneys have successfully defended all types of workers' compensation cases including catastrophic designation cases, credibility cases, complex medical causation cases, etc. as well as obtained substantial reimbursement from second injury trust funds on behalf of our clients, established and expanded light duty return to work programs and protocol, established Drug Free Workplace policies with workers' compensation premium discounts (for insured's and state assessment discounts for self-insured's), and counseled employers on best practices to avoid and defend against claims, and minimize exposure to claims which arise.


 
Past Seminar Materials
  Annual OSHA Recordkeeping Training and Workers' Compensation Seminar - February 1, 2013, February 1, 2013