be prepared
TRANSCRIPT
5 Hanover Square New York, NY 10004
www.jonesjonesllc.com
““I HATE TO LOSE, I HATE TO LOSE, SO SHOULD SO SHOULD
YOU!YOU!””
William S. Jones Esq.William S. Jones Esq.Jones JonesJones Jones
5 Hanover Square5 Hanover SquareNew York, NY 10004New York, NY 10004
Jones JonesJones JonesWorkers Compensation Workers Compensation No-Fault LiabilityNo-Fault Liability
Charles Jones became senior partner 1945Charles Jones became senior partner 1945 William Jones became senior partner 1998 William Jones became senior partner 1998 Counsel to the New York Claim AssociationCounsel to the New York Claim Association Past President of the Workers Past President of the Workers
Compensation Bar AssociationCompensation Bar Association 20 years experience defending employers 20 years experience defending employers
and carriersand carriers Clients: City of New York; New York Clients: City of New York; New York
Transit; Costco; Best Buy; Anheuser Bush; Transit; Costco; Best Buy; Anheuser Bush; New York University; Saks; Burger King…..New York University; Saks; Burger King…..
I Want to be a Winner!I Want to be a Winner!
Winners Create a State of MindWinners Create a State of Mind Are more prepared than anyone elseAre more prepared than anyone else Know how to apply the facts to the law Know how to apply the facts to the law There because they know they can winThere because they know they can win
Fear of loosing is the best motivator to bring Fear of loosing is the best motivator to bring your opponent to the negotiating tableyour opponent to the negotiating table
I Want to be a Winner!I Want to be a Winner!
Ridicule from peersRidicule from peers Condemnation from JudgeCondemnation from Judge Client Dissatisfaction Client Dissatisfaction Loss of feeLoss of fee
Fear of losingFear of losing
I Want to be a Winner!I Want to be a Winner!
Winners treat their opponents with Winners treat their opponents with respectrespect
Bullies shut down any chance for Bullies shut down any chance for meaningful communication with their meaningful communication with their opponentopponent
Communication is paramountCommunication is paramount
Why is communication important?Why is communication important?
I Want to be a winner!I Want to be a winner!
Education: Edify your opponent on why Education: Edify your opponent on why he will loosehe will loose
Persuasion: convince him that a de Persuasion: convince him that a de minimums settlement is in order minimums settlement is in order
Manipulation: position his client against Manipulation: position his client against him or visa versa to weaken their resolvehim or visa versa to weaken their resolve
In Sum, control the litigationIn Sum, control the litigation
CommunicationCommunication opens the door to opens the door to additional methods for winningadditional methods for winning
What single What single factorfactor allows one to control allows one to control thethe litigationlitigation
I Want to be a Winner!I Want to be a Winner!
Knowledge = Power to Control Knowledge = Power to Control the litigationthe litigation
FactsFacts LawLaw CommunicationCommunication
Litigation is the byproduct of a lack of Litigation is the byproduct of a lack of KnowledgeKnowledge
Why should you hate to lose?Why should you hate to lose?
Financial: Self-insured; Large Financial: Self-insured; Large deductibledeductible
Experience Rating: Cost; Ability to Experience Rating: Cost; Ability to obtain insuranceobtain insurance
Employee Validation: Injury; DisabilityEmployee Validation: Injury; Disability Employer Relations: Indifferent, UnfairEmployer Relations: Indifferent, Unfair New Claims: Open the flood gateNew Claims: Open the flood gate
Why do we Lose?Why do we Lose?
Statue: A presumption of compensabilityStatue: A presumption of compensability Judge: Interpretation of social legislationJudge: Interpretation of social legislation Employer: Poor procedures; Poor records; Employer: Poor procedures; Poor records;
Poor communicationPoor communication Examiner: Improperly trained; Over Examiner: Improperly trained; Over
worked; Afraid to accept or settleworked; Afraid to accept or settle Vendors: Ineffectual; DonVendors: Ineffectual; Don’’t know how to t know how to
testify; Dontestify; Don’’t know the lawt know the law
What Can You Do?What Can You Do?
Prevent the accidentPrevent the accident Create Detailed Accident Procedures Create Detailed Accident Procedures Keep Detailed RecordsKeep Detailed Records Communicate with your ExaminerCommunicate with your Examiner Communicate with your VendorCommunicate with your Vendor Communicate with your AttorneyCommunicate with your Attorney
What Can You Do?What Can You Do?
Prevent the AccidentPrevent the Accident Safety Program: Dual benefitSafety Program: Dual benefit Help: Brokers; Insurance companies; Help: Brokers; Insurance companies;
IndustryIndustry Use you software: look for the cause Use you software: look for the cause Rewards and IncentivesRewards and Incentives Share the Responsibility of the LossShare the Responsibility of the Loss
What Can You Do?What Can You Do?
Detailed Accident Procedures Detailed Accident Procedures Notice: 24 hours; SupervisorNotice: 24 hours; Supervisor Report: Detailed (Pre Attorney)Report: Detailed (Pre Attorney) Investigation: Surveillance TapesInvestigation: Surveillance Tapes Witness: Written StatementWitness: Written Statement Verification: Medical ReportVerification: Medical Report Notification: ExaminerNotification: Examiner
What Can You Do?What Can You Do?
Detailed Record KeepingDetailed Record Keeping Loss timeLoss time EarningsEarnings PaymentsPayments Prior AccidentsPrior Accidents Offers of Light DutyOffers of Light Duty
What Can You Do?What Can You Do?
Communicate with your ExaminerCommunicate with your Examiner
Best Practices vs. Results DrivenBest Practices vs. Results Driven EducateEducate File ReviewsFile Reviews Team ApproachTeam Approach Best Fit for YouBest Fit for You
What Can You Do?What Can You Do?
Communicate with Your VendorCommunicate with Your Vendor
EducateEducate Exchange InformationExchange Information Give DirectionGive Direction Team ApproachTeam Approach Best Fit for YouBest Fit for You
What Can You Do?What Can You Do?
Communicate with your Communicate with your AttorneyAttorney
EducateEducate Exchange InformationExchange Information Identify WitnessesIdentify Witnesses Participate With Witness PreparationParticipate With Witness Preparation Team ApproachTeam Approach Best Fit for YouBest Fit for You
Be PreparedBe Prepared
I Want to be a Winner!I Want to be a Winner!
Just as It is said that genius is more Just as It is said that genius is more perspiration than inspiration; Winning is perspiration than inspiration; Winning is
more preparation than performance.more preparation than performance.
QuizQuiz
Question: Question: What's the difference What's the difference between a bankrupt attorney and a between a bankrupt attorney and a pigeon?pigeon?
Answer:Answer: The pigeon can still make a The pigeon can still make a deposit on a Mercedes.deposit on a Mercedes.
5 Hanover Square New York, NY 10004
www.jonesjonesllc.com