White Paper
Concerning Counsel: A Look at Litigation in Workers’ Comp
White Paper Summary
According to the 2025 Annual Workers’ Compensation Industry Insights Survey, the most concerning challenge currently facing the industry is litigation. Slightly more than 61% of survey participants cited litigation as the top challenge (a 14-point year-over-year increase), and post-survey interview subjects expressed the belief that a greater portion of injured workers are hiring attorneys, which in turn adds to claim complexity and costs.
Evidence that attorney representation increases claim duration and costs is more than anecdotal. A 2018 study found that attorney involvement increased median claim duration from 305 days for claims without attorney representation to 901 days for claims when an attorney was involved. More recently, a 2024 WCRI study of nearly a million claims across 31 states concluded that attorney involvement increases payments by $7,700 to $12,400, increases lost time days by 284% and inflates expense payments by 200%.
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