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.

1. 5 Hanover Square New York, NY 10004
www.jonesjonesllc.com

2. “I HATE TO LOSE,
SO SHOULD
YOU!”
William S. Jones Esq.
Jones Jones
5 Hanover Square
New York, NY 10004

3. Jones Jones
Workers Compensation No-Fault Liability
 Charles Jones became senior partner 1945
 William Jones became senior partner 1998
 Counsel to the New York Claim Association
 Past President of the Workers Compensation Bar
Association
 20 years experience defending employers and
carriers
 Clients: City of New York; New York Transit;
Costco; Best Buy; Anheuser Bush; New York
University; Saks; Burger King…..

4. I Want to be a Winner!
Winners Create a State of Mind
 Are more prepared than anyone else
 Know how to apply the facts to the law
 There because they know they can win
Fear of loosing is the best motivator to bring
your opponent to the negotiating table

5. I Want to be a Winner!
Fear of losing
 Ridicule from peers
 Condemnation from Judge
 Client Dissatisfaction
 Loss of fee

6. I Want to be a Winner!
 Winners treat their opponents with respect
 Bullies shut down any chance for
meaningful communication with their
opponent
 Communication is paramount
Why is communication important?

7. I Want to be a winner!
Communication opens the door to
Communication
additional methods for winning
 Education: Edify your opponent on why he
will loose
 Persuasion: convince him that a de
minimums settlement is in order
 Manipulation: position his client against him
or visa versa to weaken their resolve
 In Sum, control the litigation
What single factor allows one to control
the litigation

8. I Want to be a Winner!
Knowledge = Power to Control
the litigation
 Facts
 Law
 Communication
Litigation is the byproduct of a lack of
Knowledge

9. Why should you hate to lose?
 Financial: Self-insured; Large deductible
 Experience Rating: Cost; Ability to obtain
insurance
 Employee Validation: Injury; Disability
 Employer Relations: Indifferent, Unfair
 New Claims: Open the flood gate

10. Why do we Lose?
 Statue: A presumption of compensability
 Judge: Interpretation of social legislation
 Employer: Poor procedures; Poor records;
Poor communication
 Examiner: Improperly trained; Over
worked; Afraid to accept or settle
 Vendors: Ineffectual; Don’t know how to
testify; Don’t know the law

11. What Can You Do?
 Prevent the accident
 Create Detailed Accident Procedures
 Keep Detailed Records
 Communicate with your Examiner
 Communicate with your Vendor
 Communicate with your Attorney

12. What Can You Do?
Prevent the Accident
 Safety Program: Dual benefit
 Help: Brokers; Insurance companies;
Industry
 Use you software: look for the cause
 Rewards and Incentives
 Share the Responsibility of the Loss

13. What Can You Do?
Detailed Accident Procedures
 Notice: 24 hours; Supervisor
 Report: Detailed (Pre Attorney)
 Investigation: Surveillance Tapes
 Witness: Written Statement
 Verification: Medical Report
 Notification: Examiner

14. What Can You Do?
Detailed Record Keeping
 Loss time
 Earnings
 Payments
 Prior Accidents
 Offers of Light Duty

15. What Can You Do?
Communicate with your Examiner
 Best Practices vs. Results Driven
 Educate
 File Reviews
 Team Approach
 Best Fit for You

16. What Can You Do?
Communicate with Your Vendor
 Educate
 Exchange Information
 Give Direction
 Team Approach
 Best Fit for You

17. What Can You Do?
Communicate with your
Attorney
 Educate
 Exchange Information
 Identify Witnesses
 Participate With Witness Preparation
 Team Approach
 Best Fit for You

18. Just as It is said that genius is more
perspiration than inspiration; Winning is
more preparation than performance.
Be Prepared
I Want to be a Winner!

19. Quiz
 Question: What's the difference between
a bankrupt attorney and a pigeon?
 Answer: The pigeon can still make a
deposit on a Mercedes.

21. 5 Hanover Square New York, NY 10004
www.jonesjonesllc.com