Red Flags: Choosing Your Workers’ Comp Clients Wisely

Kate Gould, Esq.
July 18, 2025

Reading time: 3 minutes

As lawyers, we become well-acquainted with the color red throughout our legal careers. From law school essay question red herrings to whether the stoplight was red at the time of the accident, the color typically connotes a warning or prompts you to stop. We likewise must beware of any red flags during the client intake process before accepting representation.  

In the workers’ comp context, the existence of several red flags can indicate an exaggerated injury or even a potentially fraudulent claim. However, sometimes our judgment can be clouded by our desire for the business or sympathy for the person sitting in front of us, causing us to look past these warning signs. Identifying potential issues before agreeing to represent the (allegedly) injured worker can help you avoid seeing red later by evading a troublesome case with a dishonest client:

An inconsistent story – Be wary of any changes in your potential client’s story concerning how the injury occurred. A lack of detail (or conflicting details) should give you pause. Their description of the workplace accident should be clear and consistent.

Suspicious medical providers – If you have practiced in one jurisdiction long enough, you will likely encounter the same doctor or medical provider who has a history of treating suspect workers’ comp injuries. Or, the potential client’s refusal to submit to certain medical tests or treatment from another provider to confirm their injuries may be suspicious. Exaggerated pain or symptoms that seem inconsistent with the injury should warrant additional investigation before you take the case.

Familiarity with the claims process – A history of multiple workers’ comp claims or an unusual level of knowledge of the work comp process may suggest a pattern of fraudulent claims and should put you on red alert as you vet the potential client.

Employment history – Get a sense of any past workplace issues, including performance problems or disciplinary actions. Further, understanding when the accident occurred within their employment timeline, such as just before a layoff or their anticipated retirement date, is an important aspect of evaluating a potential client, their integrity, and intentions. 


Additional Practice Areas content

Thanksgiving may bring thoughts of turkey, traditions, and favorite side dishes, but for many family law clients, it can also serve up parenting-time disputes, travel conflicts, financial strain, and simmering tensions during an ongoing divorce. Thankfully, a little planning can keep those issues from boiling over into urgent calls and emergency motions. By helping clients […]

Calendaring various filing deadlines with the EEOC can feel a bit like juggling your social schedule, though it takes additional calculating. As you know, anti-discrimination laws allow for a limited amount of time to file a charge. Like any filing deadline, the clock may start running long before your client contacts you, shortening your time to investigate the circumstances and file the charge. For quick reference – like the Save The Date magnet prominently displayed on your refrigerator – keep this list handy for calculating and calendaring your filing deadlines: 

When someone is injured on the job, it takes a skilled lawyer to help them navigate the worker’s compensation process. While this practice area feels foreign to many practitioners, you are uniquely qualified to handle what can be a complex and emotional process for your client. However, because your legal services may be solely limited to a worker’s comp claim, it is critical to explicitly state the scope of your representation in your engagement letter. In other words, a high resolution review of your form fee agreement is required before securing the client’s signature to ensure you narrowly tailor it to the intended representation.

Information provided by AttPro Ally is not intended as legal advice. This publication provides best practices for use in connection with general circumstances and ordinarily does not address specific situations. Specific situations should be discussed with legal counsel licensed in the appropriate jurisdiction. By publishing practice and risk prevention tips, Attorney Protective neither implies nor provides any guarantee that claims can be prevented by the use of the suggested practices. Though the contents of AttPro Ally have been carefully researched, Attorney Protective makes no warranty as to its accuracy, applicability, or timeliness. Anyone wishing to reproduce any part of the AttPro Ally content must request permission from Attorney Protective by calling 877-728-8776 or sending an email to [email protected].

© 2026 AttPro Ally. All rights reserved.