The Employers Secret to Workers Comp Defense Lies in these Three Quotes

Three quotations are all an employer needs to understand handling difficult comp claims. Two are actual quotes, but the third – and best – was made up and appeared in a 1917 newspaper story.

Three Quotes:

1. “Justice is truth in action”, written by Benjamin Disraeli in a novel.

2. “Justice delayed is justice denied”, an old legal maxim.

3. “Git thar the fustest with the mostest”, supposedly, but actually never, said by Confederate Gen. Nathan Bedford Forrest. Winston Churchill, however, called it the most delightful summary of military tactics ever spoken

So, to get the best justice, an employer needs “truth”. To get “truth” too late is to get no justice at all. Therefore, get truth as early as possible and be “the fustest with the mostest”. Even if Forrest never said it, Churchill endorsed it.

Be the First with the Most

But how does an employer be the first with the most? The only way that can happen is for an employer to be prepared to locate, retrieve and forward a portion of the large amount of information available to an employer. Even if an employer does not possess actual documents, an employer has clues as to where those documents might be.

Write Outline Summary, Attach to First Report of Injury

The best advice for an employer is to write a one, possibly two, page outline of what documents might contain information about past, relevant events, who might have them, and where they might be, even if not with the employer. Forward it to the carrier, preferably attached to the First Report Of Injury. Then, follow up with a call to make sure that the outline has been received, noticed, read and acted upon.

Attaching the outline to a First Report of Injury insures that the information will be “the first”, but will it be “the most”? Almost certainly, it will. Initial claims handling is mostly a matter of taking care of the first medical reports and bills. Collecting the information needed for long term results waits. And whatever waits cannot be in action and is, therefore, delayed. And, finally, will never be the first or the most.

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. [email protected]

WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.