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Workers Comp Expert Witness – Needs To Know All 50 States?


Workers Comp Expert Witness – 50 State Guru?

Now that I have been a workers comp expert witness along with other lines of insurance for over two decades, I thought I would share one of the questions I receive often from other expert witnesses.

workers comp expert testifying on stand pic
Public Use License – FishInWater.

Do I Need To Memorize All 50 States?

I would say no to that question.  Being a Workers Comp expert witness is not easy  Check out the preceding link to see an article I wrote during the first part of the pandemic.

In fact, serving as an expert witness in any form of insurance can be difficult.  As you may already know, Workers Compensation is one of the more structured insurance benefit systems.  The complicating factor is that when (as you may already know) one goes across state lines the system totally changes from state to state.

The basic way the system works stays in place as you cross state lines, but a number of factors do change.  No two states have the same exact workers comp system.

Intrastate Workers Comp Expert Witness Work Exception

If you happen to think about becoming a workers comp expert witness, the word intrastate should become an important term whether you are a witness for the employer, claimant, or insurance carrier. Intrastate means the employer is operating in one state only.  You should know a majority of the rules in that one state cold.  Cold means the subjects that you are testifying to such as agency, bad faith, claims adjusting,  premium audit, etc.

I would not recommend ever quoting laws unless you are an attorney or the retaining Counsel has asked you to read over certain statutes closely.  A Workers Comp expert witness has enough to remember in a deposition or to include in their report.   The agitated opposing Counsel will make you look foolish as fast as greased lightning.  Do not do it.

I will cover more about becoming an expert in the next few weeks.




James J Moore - Workers Comp Expert

Raleigh, NC, United States

About The Author...

James founded a Workers’ Compensation consulting firm, J&L Risk Management Consultants, Inc. in 1996. J&L’s mission is to reduce our clients’ Workers Compensation premiums by using time-tested techniques. J&L’s claims, premium, reserve and Experience Mod reviews have saved employers over $9.8 million in earned premiums over the last three years. J&L has saved numerous companies from bankruptcy proceedings as a result of insurance overpayments.

James has over 27 years of experience in insurance claims, audit, and underwriting, specializing in Workers’ Compensation. He has supervised, and managed the administration of Workers’ Compensation claims, and underwriting in over 45 states. His professional experience includes being the Director of Risk Management for the North Carolina School Boards Association. He created a very successful Workers’ Compensation Injury Rehabilitation Unit for school personnel.

James’s educational background, which centered on computer technology, culminated in earning a Masters of Business Administration (MBA); an Associate in Claims designation (AIC); and an Associate in Risk Management designation (ARM). He is a Chartered Financial Consultant (ChFC) and a licensed financial advisor. The NC Department of Insurance has certified him as an insurance instructor. He also possesses a Bachelors’ Degree in Actuarial Science.

LexisNexis has twice recognized his blog as one of the Top 25 Blogs on Workers’ Compensation. J&L has been listed in AM Best’s Preferred Providers Directory for Insurance Experts – Workers Compensation for over eight years. He recently won the prestigious Baucom Shine Lifetime Achievement Award for his volunteer contributions to the area of risk management and safety. James was recently named as an instructor for the prestigious Insurance Academy.

James is on the Board of Directors and Treasurer of the North Carolina Mid-State Safety Council. He has published two manuals on Workers’ Compensation and three different claims processing manuals. He has also written and has been quoted in numerous articles on reducing Workers’ Compensation costs for public and private employers. James publishes a weekly newsletter with 7,000 readers.

He currently possess press credentials and am invited to various national Workers Compensation conferences as a reporter.

James’s articles or interviews on Workers’ Compensation have appeared in the following publications or websites:

  • Risk and Insurance Management Society (RIMS)
  • Entrepreneur Magazine
  • Bloomberg Business News
  • WorkCompCentral.com
  • Claims Magazine
  • Risk & Insurance Magazine
  • Insurance Journal
  • Workers Compensation.com
  • LinkedIn, Twitter, Facebook and other social media sites
  • Various trade publications


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