Considering an Expert for Workers' Compensation Cases
Workers' compensation matters often require a vocational expert to evaluate return-to-work, alternative placement, or permanent disability. Confirm jurisdictional statutory framework before retention.
Checklist
- Review claim file and pre-injury job description
- Obtain treating provider restrictions
- Identify whether retraining is under consideration
- Confirm carrier expectations for expert involvement
Questions to ask the expert
- Do you have experience in this state's workers' compensation system?
- Do you perform job analyses on-site?
- How do you document labor market surveys for workers' compensation purposes?
Timeline
1-3 weeks before retention.
Required documents
- Claim file
- Job description
- Medical restrictions
Common pitfalls
- Applying civil-litigation methodology unchanged
- Missing state-specific rules
Frequently Asked Questions
Is the same vocational expert useful in a companion civil suit?
Often yes, though the analyses differ.
References
- U.S. DOL OWCPGovernment
Ready to Get Started on workers' compensation cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.