Trial Strategy: How to Build a Winning Case from Day One

In workers’ compensation litigation, the difference between a favorable decision and an adverse one often comes down to early, disciplined trial strategy. For carriers and risk managers, it’s not enough to rely on common sense or surface-level discrepancies in a claim. Winning at trial means laying a solid evidentiary foundation, anticipating the claimant’s narrative, and equipping your legal team with the tools needed to challenge it effectively.

Understand Why Claims Are Denied—And Why That’s Not Enough

Claims are often denied because the incident as described does not appear capable of causing the injuries claimed, or because the medical documentation doesn’t align with the facts. For example, surveillance might capture what looks like a minor slip or awkward movement, yet the claimant files for multiple injuries and total disability. These inconsistencies raise red flags—but red flags alone do not win trials.

Trials Are Won With Evidence, Not Instinct

Board decisions are driven by documentation, testimony, and credibility—not suspicions. If an accident is disputed, or if there’s doubt about the extent or origin of the injury, your trial strategy must center on admissible evidence, not general impressions. That starts with early action.

Early Evidence Collection Is Strategic Preparation

The most effective trial strategies begin before the hearing schedule is even set. Risk managers and adjusters should consider:

• Securing surveillance video from the earliest possible point;
• Obtaining witness statements immediately, before stories evolve;
• Recording a claimant’s statement pre-representation, while their version is unshaped by legal coaching.

These initial steps are critical. They help clarify the facts, control the narrative, and provide your legal team with leverage both at trial and in settlement discussions. This is important to counter the WCL Section 21 presumption and the Board's inclination to give the claimant the benefit of the doubt. That’s why strategic evidence gathering from the outset is essential. Promptly securing surveillance footage, eyewitness statements, and an initial account from the claimant can provide the factual clarity needed to rebut the presumption and refocus the credibility analysis. Without this foundation, the defense is often left responding to a version of events that has already gained traction.

Use Evidence to Strengthen the IME and Undermine the Claim

A strong Independent Medical Examiner opinion is only as good as the information provided. Supplying the IME with the incident report, surveillance, job duties, and prior medical records ensures their opinion is grounded in reality—not just the claimant’s account. This bolsters credibility and positions the IME to testify more persuasively at trial.

Leverage Cross-Examination to Highlight Contradictions

When the foundation is solid, cross-examination becomes a powerful tool. If the claimant reports restrictions inconsistent with video evidence or prior records, your attorney can highlight those inconsistencies to undermine credibility. When treating doctors make unsupported assumptions, the groundwork you’ve laid allows your legal team to expose those weaknesses under oath.

A Good Trial Strategy Isn’t Reactive—It’s Proactive

The best trial outcomes result from preparation that begins the moment the claim raises concern. By focusing early on fact development, documentation, and expert alignment, you don’t just prepare for litigation—you shape it.

Winning at trial isn't about getting lucky with a judge or hoping a claimant slips up. It's about controlling the record, anticipating the arguments, and executing a strategy rooted in evidence and timing. That’s what reduces exposure, strengthens denials, and protects your bottom line.

Comprehensive preparation may yield a favorable result at trial or render trial unnecessary by enhancing leverage in settlement negotiations.