New Beginnings

Beginnings are a wonderful place to start, aren't they? Fittingly, our blog's introductory installation comes at the beginning of a new decade. We thought we'd take the opportunity to explore beginnings...in matters of workers' compensation.

It's important to start off on the right foot, as the saying goes. The right beginning for a workers' compensation claim actually starts weeks, months, or even years before an injury. Having a written company policy, for which all employees have signed an acknowledgment page, is crucial to the smooth defense of a workers' compensation claim. If you require post accident drug testing, make sure it's in your company policy. If you have a light duty program, make sure it's in your company policy. Do you require injuries to be reported in a special fashion? Commit it to your policy. How about a policy for termination due to no call/no show? You know the drill. Why are written policies so important to workers' compensation? If your company has a claim that you believe might be fraudulent, or the worker is slow to return to work, your company policy may open doors for defense or cost control options that you might not otherwise have.

Once a workplace injury does occur, gather written witness statements and take photographs (especially if machinery is involved) as soon as possible after the accident, while the events are fresh in everyone's minds. The beginning of the workers' compensation process involves accident investigation, coordinating tasks between you, your TPA, and your MCO, and staying in contact with the injured worker.

If you are going to hire legal counsel to assist you in the defense or administration of a workers' compensation claim, the beginning is again the best time to do so. Though you may consider putting off hiring an attorney because of the potential for high cost, the opposite scenario is often the case. If you involve an attorney very early in the claim process, you can often save your company money in the long run because you'll be more likely to get a fraudulent claim denied, or to bring your employee back to work sooner. If you wait until the claim is out of control to involve an attorney, it's more difficult to rein in that proverbial horse that left the barn long ago.

If cost is an issue for you, and who doesn’t think costs matter, make sure you find an attorney who will work with your TPA, allowing the TPA to handle as much as possible, with the attorney's guidance, to limit your legal fees. A good attorney-TPA relationship is essential to controlling both claim costs and legal fees. At Dawson & Disantis LLC, we encourage our clients to use their TPA's for simpler issues, but will always work with your TPA when the use of an attorney is recommended.

Give us a call to discuss your situation, whether you need help writing your company policy or if you have a lingering claim that needs a fresh look. Your call might mean the beginning of a successful outcome for your business.

P.S., check back soon for another blog regarding changes to the Industrial Commission’s hearing continuance policy.