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.
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.