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1 Workers Compensation How to Effectively Counsel HR and Safety Directors Vernon F. Dunbar, Esquire Turner Padget Graham & Laney, PA 200 East Broad Street, Suite 250 Greenville, SC Telephone: d

2 Objectives of Workers Compensation Historically, six basic objectives underlie the workers compensation laws: 1. Provide sure,,p prompt, p, and reasonable income and medical benefits to work-related related accident victims, or income benefits to their dependents, regardless of fault; 2. Provide a single remedy and reduce court delays, costs, and judicial workloads arising out of personal injury litigation; 3. Relieve public and private charities of financial demands incident to uncompensated occupational accidents;

3 Objectives of Workers Compensation 4. Minimize payment py of fees to lawyers and witnesses as well as time-consuming trials and court appeals; 5. Encourage maximum employer interest in safety and rehabilitation through an appropriate experience-rating rating mechanism; and, 6. Promote frank study of the causes of accidents (rather than the concealment of fault) in an effort to reduce preventable accidents and human suffering.

4 Quick Summary of SC Workers No Fault System Compensation System Types of Benefits Paid Medical (paid in full) Temporary Disability Permanent Disability Who Decides - Commissioners

5 Things that Drive Employers Crazy about Workers Compensation

6 Weekly Checks - Incarcerated Employers may not be able to stop weekly checks for a totally disabled claimant that is incarcerated

7 Weekly Checks - Pregnancy Employers may not be able to stop weekly check if claimant becomes pregnant and refuses medical treatment for work related di injury, thus prolonging unemployment

8 Weekly Checks - Full Duty but not at No mechanism for employer to request a hearing to stop weekly checks even though claimant has been released to full duty work (with no work offer), but is not at MMI MMI

9 Weekly Checks - Fired or Employers may not be able to stop weekly check if claimant is fired or incapacitated while on light duty if he has worked dl less than 15 days Incapacitated

10 50% to Back Presumption Presumption of automatic 500 weeks for 50% disability or more to the back 2007 Reform Act makes this presumption rebuttable Burden of proof is now on the employer to show that claimant is not permanently and totally disabled d

11 Intoxication or Willfulness No compensation shall be payable if the injury or death was occasioned by the intoxication of the employee or by the willful intention of the employee to injure or kill himself or another.

12 Intoxication and Willfulness Must prove both: Intoxicated at time of accident AND Intoxication caused the accident Tempting defense, but very hard to prove

13 Use Social Networking Sites to Investigate Workers Compensation Claims 1. Blogs 2. Forums 3. Social Networking Sites

14 Use of Social Networking Sites to Investigate Workers Compensation Claims Facebook has over 600,000,000 active users. Facebook contains profiles of individuals regarding age, education, general background information and social interests. Postings on Facebook with respect to photos and messages often provide updated information about an individual s interests and activities.

15 Use of Social Networking Sites to Investigate Workers Compensation Claims LinkedIn is a business oriented Social Networking Site for Professionals. It is estimated that over 90,000,000 registered users utilize Linked In to converse about professional li interests and activities. My Space. Less sophisticated i version of ff Facebook and is now more music oriented. Friendster is predecessor to My Space, Facebook and LinkedIn. Friendster has in excess of 115,000,000 registered users.

16 1. Benefits of Using Employee Social Networking Sites Useful recruiting tool Greatly assists in evaluating applicants and conducting more detailed background checks Employers are better able to identify and assess personality traits and social skills. Also, postings by a prospective employee lends great insight into writing and verbal skills Marketing tool for employers

17 2. Negative Aspects of Using Employee Social Networking as an Investigatory Tool for Worker s Compensation Claims Content may be inaccurate, discriminatory, i i and defamatory. Because access to these sites are often password protected, some employers may be tempted to violate privacy laws to gain access to an employee s website without proper authorization.

18 Potential civil and criminal penalties for violating Stored Communications Act, Electronic Communications Privacy Act and HIPAA. Do not rely exclusively upon Social Networking Site Postings to contest a valid claim. The denial of a workers compensation claim should also be based upon expert medical opinion.