This document appears to be a presentation from the law firm Jones Jones about winning workers' compensation cases. It discusses that the firm has been handling workers' compensation cases since 1945. It emphasizes the importance of not wanting to lose and treating opponents with respect. It provides tips for avoiding losses such as having strong safety programs, detailed accident procedures, record keeping, and communicating well with examiners, vendors, and attorneys. The overall message is that preparation is key to winning cases.
2. āI HATE TO LOSE,
SO SHOULD
YOU!ā
Ā
William S. Jones Esq.
Jones Jones
5 Hanover Square
New York, NY 10004
3. JonesĀ Jones
WorkersĀ CompensationĀ Ā ļ No-FaultĀ Ā Ā Ā Ā Liability
ļ® Charles Jones became senior partner 1945
ļ® William Jones became senior partner 1998
ļ® Counsel to the New York Claim Association
ļ® Past President of the Workers Compensation Bar
Association
ļ® 20 years experience defending employers and
carriers
ļ® Clients: City of New York; New York Transit;
Costco; Best Buy; Anheuser Bush; New York
University; Saks; Burger Kingā¦..
4. IĀ WantĀ toĀ beĀ aĀ Winner!
WinnersĀ CreateĀ aĀ StateĀ ofĀ Mind
ļ® Are more prepared than anyone else
ļ® Know how to apply the facts to the law
ļ® There because they know they can win
FearĀ ofĀ loosingĀ isĀ theĀ bestĀ motivatorĀ toĀ bringĀ
yourĀ opponentĀ toĀ theĀ negotiatingĀ table
5. IĀ WantĀ toĀ beĀ aĀ Winner!
FearĀ ofĀ losing
ļ® Ridicule from peers
ļ® Condemnation from Judge
ļ® Client Dissatisfaction
ļ® Loss of fee
6. IĀ WantĀ toĀ beĀ aĀ Winner!
ļ® Winners treat their opponents with respect
ļ® Bullies shut down any chance for
meaningful communication with their
opponent
ļ® Communication is paramount
WhyĀ isĀ communicationĀ important?
7. IĀ WantĀ toĀ beĀ aĀ winner!
CommunicationĀ opensĀ theĀ doorĀ toĀ
Communication
additionalĀ methodsĀ forĀ winning
ļ® Education: Edify your opponent on why he
will loose
ļ® Persuasion: convince him that a de
minimums settlement is in order
ļ® Manipulation: position his client against him
or visa versa to weaken their resolve
ļ® In Sum, control the litigation
WhatĀ singleĀ factorĀ allowsĀ oneĀ toĀ controlĀ
theĀ litigation
9. WhyĀ shouldĀ youĀ hateĀ toĀ lose?
ļ® Financial: Self-insured; Large deductible
ļ® Experience Rating: Cost; Ability to obtain
insurance
ļ® Employee Validation: Injury; Disability
ļ® Employer Relations: Indifferent, Unfair
ļ® New Claims: Open the flood gate
10. WhyĀ doĀ weĀ Lose?
ļ® Statue: A presumption of compensability
ļ® Judge: Interpretation of social legislation
ļ® Employer: Poor procedures; Poor records;
Poor communication
ļ® Examiner: Improperly trained; Over
worked; Afraid to accept or settle
ļ® Vendors: Ineffectual; Donāt know how to
testify; Donāt know the law
11. WhatĀ CanĀ YouĀ Do?
ļ® Prevent the accident
ļ® Create Detailed Accident Procedures
ļ® Keep Detailed Records
ļ® Communicate with your Examiner
ļ® Communicate with your Vendor
ļ® Communicate with your Attorney
12. WhatĀ CanĀ YouĀ Do?
PreventĀ theĀ Accident
ļ® Safety Program: Dual benefit
ļ® Help: Brokers; Insurance companies;
Industry
ļ® Use you software: look for the cause
ļ® Rewards and Incentives
ļ® Share the Responsibility of the Loss
14. WhatĀ CanĀ YouĀ Do?
DetailedĀ RecordĀ Keeping
ļ® Loss time
ļ® Earnings
ļ® Payments
ļ® Prior Accidents
ļ® Offers of Light Duty
15. WhatĀ CanĀ YouĀ Do?
CommunicateĀ withĀ yourĀ Examiner
ļ® Best Practices vs. Results Driven
ļ® Educate
ļ® File Reviews
ļ® Team Approach
ļ® Best Fit for You
17. WhatĀ CanĀ YouĀ Do?
CommunicateĀ withĀ yourĀ
Attorney
ļ® Educate
ļ® Exchange Information
ļ® Identify Witnesses
ļ® Participate With Witness Preparation
ļ® Team Approach
ļ® Best Fit for You
How many personal injury attorneys does it take to change a light bulb? Three--one to turn the bulb, one to shake him off the ladder, and the third to sue the ladder company. What's the difference between a bankrupt attorney and a pigeon? The pigeon can still make a deposit on a Mercedes. Ā A dog ran into a butcher shop and grabbed a roast off the counter. Fortunately, the butcher recognized the dog as belonging to a neighbor of his. The neighbor happened to be a lawyer. Incensed at the theft, the butcher called up his neighbor and said, "Hey, if your dog stole a roast from my butcher shop, would you be liable for the cost of the meat?" The lawyer replied, "Of course, how much was the roast?" "$7.98." A few days later the butcher received a check in the mail for $7.98. Attached to it was an invoice that read: Legal Consultation Service: $150. A lawyer was driving his big BMW down the highway, singing to himself, "I love my BMW, I love my BMW." Focusing on his car, not his driving, he smashed into a tree. He miraculously survived, but his car was totaled. "My BMW! My BMW!" he sobbed. A good Samaritan drove by and cried out, "Sir, sir, you're bleeding! And my god, your left arm is gone!" The lawyer, horrified, screamed "My Rolex! My Rolex!"