Workers' Compensation

The mission of Goldberg Segalla’s Workers’ Compensation Practice Group is to achieve significant and sustainable reductions to the overall expense of each client’s workers’ compensation program. Our commitment to this mission — and our success in efficient file handling as well as long-range strategic risk-management — has earned us a national reputation for exceeding our clients’ expectations and driving positive change in the practice of workers’ compensation law.

The hallmarks of our innovative practice model include:

  • Individual attorney file ownership from conception to closure
  • Cutting-edge, value-added programs that that identify and neutralize risks and result in fast and efficient resolutions
  • Partnering and communicating with each client not only to close individual files, but to develop long-term, comprehensive, and tailor-made improvements to their workers’ compensation programs
Nationwide Capabilities | Experience in Your Industry

Our team — more than 100 lawyers strong — has an extensive record of successfully defending private and public clients in a broad range of sectors and industries across the country. Some of these industries include:

  • Construction — Goldberg Segalla is home to the most sophisticated construction defense practice in the industry. We specialize in representing large contractors, construction managers, and owners, with deep experience in OCIP (Owner Controlled Insurance Program) and CCIP (Contractor Controlled Insurance Program) site-specific and rolling wrap-up programs ranging from major commercial development to cross-border natural gas pipeline projects. Serving clients across our nationwide footprint, we offer an integrated suite of construction services including workers’ compensation, general liability, OSHA, construction defect, insurance coverage, and construction contract and commercial litigation. Learn more.
  • Health Care — Goldberg Segalla’s workers’ compensation practice in the health care sector is a one-stop shop for national and regional health care providers. It is distinguished by our deep engagement with health care companies and the professionals who manage, direct, and insure them. We understand the unique needs of health care providers, from labor unions to leave of absence to return-to-work issues, collaborating with our Employment and Labor practice group to address workers' compensation-related problems holistically. Learn more.
  • Manufacturing — We have long served as a trusted advisor and steadfast protector of the manufacturing industry — and this includes defense of workers’ compensation claims, ranging from common occupational conditions to catastrophic injuries and fatalities. We have experience with the unique demands of workers’ compensation in this industry, from handling rapid-response on-site investigations to collaborating with colleagues across our practice groups to create tailored claims-closure and risk-reduction plans. Learn more.
  • Maritime — With offices on both the Atlantic and Pacific oceans, and stretching through the Great Lakes region deep into the Midwest, Goldberg Segalla is well-positioned to handle workers’ compensation and maritime claims, matters invoking the Jones Act, employment and commercial disputes, and other legal concerns that arise in connection with shipping, logistics, energy and chemical transportation, or other activity in ports or on waterways. We have an exceptional track record of collaborating across offices and practice groups to defend complicated matters involving overlapping state-level workers’ compensation claims and federal Jones Act or Longshore and Harbor Workers’ Compensation Act (LHWCA) claims, questions of “maritime” employer status, and other issues unique to the maritime sector and related industries. Learn more.
  • Professional Employer Organizations (PEOs)/Staffing and the Gig Economy — As a firm founded by trial lawyers, and with a reputation for continuously improving practices, Goldberg Segalla is exceptionally well positioned to counsel and defend PEO and gig economy clients through the changes and challenges of the 21st century. We recognize the need to support the PEO-client relationship by minimizing interference with the client company’s business while aggressively seeking claim closure. Learn more.
  • Retail and Hospitality — As counsel to many of the globe’s leading retailers, developers, and hospitality companies, Goldberg Segalla offers strong defense, comprehensive counsel, and long-term strategic guidance. We partner with our clients to help them achieve their long-term strategic goals — and we’re also committed to the health of their industries, as active members of the National Retail and Restaurant Defense Association (NRRDA), Associated Builders and Contractors (ABC), and Associated General Contractors (AGC), as well as retail and hospitality groups and committees within DRI and CLM. Learn more.
  • Sports and Entertainment — Our coast-to-coast Sports and Entertainment team understands the issues unique to these interconnected industries. We assist entertainment studios, global media companies, major league sports franchises, facilitating industry-wide joint defense programs geared toward creating employer control and cost-savings and employing proactive claim-closure strategies for everyday work-related injuries as well as occupational disease and cumulative trauma claims, including traumatic brain injury litigation. Learn more.
  • Transportation — With strategic coverage along the I-95 corridor, in the Midwest in Illinois and Missouri, and most recently in southern California, Goldberg Segalla’s interdisciplinary Transportation practice is a one-stop legal shop for leading trucking and other transportation companies, equipped to handle all of the legal risks, needs, and other issues unique to the industry. Actively affiliated with the Trucking Industry Defense Association (TIDA), Truckload Carriers Association (TCA), American Trucking Associations (ATA), and various state trucking associations, and drawing on valuable in-house experience, this integrated team’s capabilities span workers’ compensation, employment, mergers and acquisitions, insurance coverage, and litigation over catastrophic injury and death, property damage, products, and other liability claims. Learn more.

Beyond the litigation of individual matters, these clients rely on our experienced counsel to develop actionable, proven, and consensus-based strategies for reducing long-term risks and costs associated with worker injuries, tailored to the distinctive challenges of their industries.

We’re able to do all of this on a nationwide scale. We have deep benches of experienced workers’ compensation attorneys based in:

  • California
  • Connecticut
  • Florida
  • Illinois
  • Maryland and Washington, D.C.
  • Missouri
  • New Jersey
  • New York
  • North Carolina
  • Pennsylvania
A Better Approach to Claims Handling

We handle workers’ compensation litigation before all appropriate government agencies and courts and in all forums of alternative dispute resolution in the states where this team practices. Through our work handling regular and trial hearings, permanency determinations, and testimony of claimants, employer witnesses, and medical experts, we strive to resolve cases as completely and efficiently as possible, with a focus on bringing them to final closure for the defendant.

To neutralize, mitigate, and quickly close out workers’ compensation claims, we had to craft a radically different approach to claims-handling and litigation. Our approach — marked by unparalleled preparedness, efficiency, flexibility, and foresight — is simple and effective. It includes:

  • Completing a comprehensive review of each file and developing the best strategy for the most favorable and efficient resolution
  • Keeping each file with the same attorney throughout the entire litigation process
  • Maintaining regular and productive communication with clients to provide up-to-date risk/exposure evaluations

All this adds up to a better overall experience for employers, carriers, and third-party administrators — and better results.

We also leverage our excellent working relationships with an extensive, national network of experts and risk managers who can assist in developing defenses to various claims, as well as long-term claims-handling strategies and creative solutions to other obstacles. And, backed by the clout and experience of all of the firm’s diverse practices, we are able to assist our clients in the full array of legal challenges that often arise in connection with workers’ compensation claims, such as complex lien, credit, and subrogation issues stemming from third-party claims; retaliation and other employment law issues; and insurance coverage issues. We value our relationships and welcome the opportunity to assist our clients in additional areas when those needs arise. In addition, we regularly release timely workers’ compensation legal updates, conduct training sessions and webinars for our clients, and provide news and analysis through our Workers’ Compensation Defense blog.

All this adds up to a better overall experience for employers, carriers, and third-party administrators — and better results.

Value-Added Programs, Tailored to Your Needs

Every workers’ compensation claim is part of a bigger picture. Achieving long-term savings depends on understanding this operational and risk-management landscape.

Close attention to individual files is crucial, but we also work from the outset to earn an intimate understanding of each client’s business model, immediate needs, and long-term objectives. We understand that every business decision our clients make derives from the complex interplay of many factors — including company culture and risk appetite, government regulations and court decisions, and long-range strategic planning and budget priorities. Because of our intimate knowledge of business needs and models across numerous industries, our attorneys have been able to look beyond individual files and develop innovative programs that take an holistic approach to workers’ compensation-related problems common to many of our clients. These include our Integrated Disability and Workforce Management and Opioid Impact programs, services like Medicare-Set Aside consulting, and more.

But nothing about Goldberg Segalla is “one size fits all.” Our programs are dynamic and adaptable by design — and we are committed to the clients’ best interest in the long-term, packaging and adapting our services according to comprehensive strategies integrated seamlessly with each client’s overall business goals, and shaped by an understanding and appreciation of the many factors that decide them.

Integrated Disability and Workforce Management

Workers’ compensation claims, employee health care, reasonable accommodation and leave management policies, compliance with state and federal regulations, litigation, and transactional matters — all these challenges and costs are part of the operational landscape for employers competing in any industry. Unfortunately, most employers are not equipped to treat these issues like a landscape — that is, with adaptable, efficient, and global solutions. The byproducts of siloed approaches are often cost-inefficiencies, liability, and greater risk.

We developed the Integrated Disability and Workforce Management Program to mitigate those costs and correct those inefficiencies. The program offers comprehensive solutions to disability, leave, performance, and health management issues, adaptable to any situation, any budget, and any set any of needs. Drawing selectively on the full scope of our firm’s collective experience — with over 400 outstanding attorneys ready to weigh in and assist with countless highly specialized concerns — we are able to provide our clients with a 360-degree assessment, address inefficiencies, and craft comprehensive and cost-efficient solutions.

Opioid Impact Program

Goldberg Segalla offers a comprehensive Opioid Impact Program (OIP) that helps claims professionals to reduce claimants’ use of prescription medications and to identify and mitigate claims that have the potential to spiral out of control in terms of cost and exposure.

Our OIP employs an early identification strategy to educate claims professionals on the key indicators of potentially problematic cases involving opioids and prescription drugs. It also sets forth a specific protocol to limit new prescriptions for new and older cases, along with a detailed blueprint on how to isolate, identify, and reduce claims with high prescription medication costs.

Medicare Compliance and Medicate Set-Asides (MSAs)

One of the distinctive ways we provide clients with a strong competitive advantage is through advocacy during the Medicare Set-Aside (MSA) process. Our team includes multiple Medicare Set-Aside Consultants, certified from the International Commission on Health Care Certification, which allows us to bring exceptional strategic insight to cases involving MSAs and the allocation for the future medical costs of an individual on (or soon to be on) Medicare following settlement. We don’t merely prepare and submit MSAs; we put our exceptional experience in this area to work toward identifying and negotiating the lowest defensible MSA amount with the Centers for Medicare and Medicaid Services (CMS), which can significantly reduce the ultimate settlement amount of a claim. We can handle the MSA process on claims nationwide.