By: Leonardo Lampret, Associate Attorney
The first 30 days of a workers’ compensation claim are often the most critical period and can be the difference between a well-managed claim and one that spirals into unnecessary cost and litigation. This early window often shapes the entire trajectory of the case. When employers and adjusters move quickly, gather evidence, and establish the facts from the outset, the odds of maintaining control of a claim are increased. When they don’t, the opportunity for “claim inflation” may grow and frequently results in unnecessary increased medical treatment, questionable disability, and disputed narratives becoming harder to challenge later.
A strong early investigation not only builds a solid factual foundation but it can directly strengthen the defense team’s ability to win in litigation. When the facts are clearly documented at the beginning, it provides a stronger basis for challenging causation, credibility, and the extent of disability.  Early evidence also helps identify potential red flags and allows the legal strategy to remain proactive rather than reactive. Simply put: gather the facts now, or pay costly for passiveness later.
The evidence is the key, particularly evidence that is obtained shortly after the injury occurred. That may include securing witness statements before memories fade, requesting and preserving video footage before it’s overwritten, asking about prior injuries or disciplinary issues that may explain the alleged disability, and gathering incident reports and relevant documentation. These steps are not administrative formalities; they are strategic defenses.
We have seen numerous claims balloon in exposure simply because critical evidence was lost or never collected. Surveillance videos disappeared. Witnesses moved or forgot details. Pre-existing conditions became “work-related” and “not important.”
Early action also may also hinder claimants from shaping or modifying their story over time. The longer a claim sits without documentation, the harder it becomes to separate fact from narrative. When those initial facts are locked in, litigation is more focused and efficient, and the claimant’s ability to credibly modify their story may be more limited.
The first 30 days aren’t just about starting a claim – they’re about controlling it. Acting quickly protects evidence, preserves leverage, and positions the defense for the best possible outcome. In workers’ compensation, time isn’t just money – it’s exposure. Acting on day one changes everything.