Attorney Theodore Ronca, offers sound advice on a realistic approach to workers’ compensation… We know several lifestyle cliches about being prepared and avoiding problems such as:
“THINKING BEFORE WE SPEAK”
“LOOKING BEFORE WE LEAP”
“DON’T BORROW TROUBLE”
Here’s another: A Basic Mechanical Engineering Law: “AVOID FRICTION!”
How to Apply this Concept to Workers’ Compensation Claims Settlement
Purpose: To avoid the creation of a litigation model of resolution. “Resolution” implies what remains AFTER efforts to collect information are exhausted. The litigation model is based on presumptions, assumptions, confidentiality, and attorney fee maximization.
1. First see the whole process of a claim as a search for accurate information. NOT winning through hearings, trial appeals, investigations, and so on.
2. Do NOT go near a tribunal or any other form of adjudication, UNTIL the search is reasonably finished.
3. Involve all parties in the search on a non-confrontational basis ASAP.
4. Coordinate a compensation claim with other benefits well before those benefits may be due.
5. Signal to a worker you are making plans to assist if those benefits may be needed.
6. ALWAYS be the center of communications.
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
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