Ten Reasons Why Injured Workers Get An Attorney

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Whitney Chapman
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1 Ten Reasons Why Injured Workers Get An Attorney 1

2 Objectives Understand that attorney involvement on workers compensation claims increase the duration and cost of the claims. Understand that most attorney involvement on claims is avoidable by that actions you take as the employer. Understand the actions you take are more often than not of little or no additional cost to your business.

Understand that most attorney involvement on claims is avoidable by that actions you

3 Why Care? The presence of time loss dollars on claims are the primary drivers of increased rates for employers and decreased refunds for retro programs. 3

4 The Duration of Claims Without an Attorney 4

5 The Duration of Claims With an Attorney Bernacki, E.J., Tao, X. The Relationship Between Attorney Involvement, Claim Duration, and Workers Compensation Costs. Journal of Occupational and Environmental Medicine, 2008; 50,

6 2008 Study One year of claims reviewed (6,929). Evaluated 19 months after close of year. 738 (10.7%) had attorney involvement, 6,191 did not. As of the evaluation date 2.3% of the not represented claims remained open, 45.2% the represented remained open. Workers > 45 years of age are three times more likely to engage representation. Claims cost for represented claims is between 1.6 and 6.9 times those of non-represented claims. 6

3% of the not represented claims remained open, 45.2% the represented remained open.

7 It appears that in addition to the association with disability duration, attorney-related claims stayed open longer, particularly claims involving less serious injuries. Bernacki, E.J., Tao, X. The Relationship Between Attorney Involvement, Claim Duration, and Workers Compensation Costs. Journal of Occupational and Environmental Medicine, 2008; 50,

8 The First Five Reasons IW s Seek Representation 1. No contact by/with the employer 2. Overbearing/intrusive contact with employer 3. Lack of work with the employer 4. Adverse claim decisions 5. Unpaid bills

9 The Next Five Reasons IW s Seek Representation 1. Fear of loss of job or benefits 2. Work dissatisfaction 3. Advice of friends, family, or medical provider 4. Attorney advertisement/solicitation 5. Gaming the system

10 Attorney involvement can be avoided! 10

11 The Top 10 Have Three Causes 1. Lack of communication from the employer 2. Unfamiliarity or fear of the workers comp system 3. Lack of desire to work/laziness

12 What you can do. 12

13 Communicate Whether or not you believe them, communicate with the worker as soon as the injury occurs. Have a detailed conversation about what exactly what happened, the treatment they need, and what the worker thinks can be done to avoid the injury, INVESTIGATE THE INJURY!!!!! Regular communication throughout the claim. How is treatment going? How are they feeling? Dispel any concerns they may have about losing their job because of the injury.

thinks can be done to avoid the injury, INVESTIGATE THE INJURY!!!!! Regular communication throughout the claim.

14 Dispel Fear Let the worker know what to expect. In your regular communication with them, ask is they are having any issues with L&I. Talk through the issues with them and help them understand the basis for L&I s decision. Use your ERNWest Claim Manager as a resource to help better understand the L&I process and the basis for L&I s decisions. Use your ERNWest Claim Manager to help expedite legitimate claims through the process.

Talk through the issues with them and help them understand the basis for L&I s decision.

15 Provide Work When worker is at home they become detached from reality and they dream up issues with their employer and pain. Workers do not watch TV at work and see all of the ads that attorneys put on daytime TV. Attorneys don t like cases where someone is working because they don t get paid. The best way to combat employees that file claims to avoid work, is to provide work.

Workers do not watch TV at work and see all of the ads that attorneys put on daytime TV.

16 I still am amazed at how many workers fill my waiting room as a direct result of the actions or inactions of their employers and insurance companies.many other smaller claims would not make it to our offices but for the reactions, real or imagined, of the employer to the claim. -- Alan Pierce esq. 16

17 Attorney involvement increases the chance that a claim will be open for a year by at least 50%. On the vast majority of these claims attorney involvement could be avoided by doing three things: Communication Allay Fear Provide Work Take Away Most of the avoidance techniques cost your nothing!

On the vast majority of these claims attorney involvement could be

18 Next Month s Topic Thursday, September 13, 2012 Workers compensation rates how they work and how to control them. September 18

19 Contact with Questions Curran Bower , ext. 823 John Meier , ext

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