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  • 1. 5 Hanover Square New York, NY 10004

2. I HATE TO LOSE,SO SHOULDYOU! William S. Jones Esq.Jones Jones5 Hanover Square New York, NY 10004 3. JonesJones WorkersCompensationNo-FaultLiability Charles Jones became senior partner 1945 William Jones became senior partner 1998 Counsel to the New York Claim Association Past President of the Workers Compensation BarAssociation 20 years experience defending employers andcarriers Clients: City of New York; New York Transit;Costco; Best Buy; Anheuser Bush; New YorkUniversity; Saks; Burger King.. 4. IWanttobeaWinner!WinnersCreateaStateofMind Are more prepared than anyone else Know how to apply the facts to the law There because they know they can winFearofloosingisthebestmotivatortobringyouropponenttothenegotiatingtable 5. IWanttobeaWinner! Fearoflosing Ridicule from peers Condemnation from Judge Client Dissatisfaction Loss of fee 6. IWanttobeaWinner! Winners treat their opponents with respect Bullies shut down any chance formeaningful communication with theiropponent Communication is paramount Whyiscommunicationimportant? 7. IWanttobeawinner!CommunicationopensthedoortoCommunication additionalmethodsforwinning Education: Edify your opponent on why hewill loose Persuasion: convince him that a deminimums settlement is in order Manipulation: position his client against himor visa versa to weaken their resolve In Sum, control the litigationWhatsinglefactorallowsonetocontrolthelitigation 8. IWanttobeaWinner!Knowledge=PowertoControl thelitigation Facts Law CommunicationLitigationisthebyproductofalackof Knowledge 9. Whyshouldyouhatetolose? Financial: Self-insured; Large deductible Experience Rating: Cost; Ability to obtaininsurance Employee Validation: Injury; Disability Employer Relations: Indifferent, Unfair New Claims: Open the flood gate 10. WhydoweLose? Statue: A presumption of compensability Judge: Interpretation of social legislation Employer: Poor procedures; Poor records;Poor communication Examiner: Improperly trained; Overworked; Afraid to accept or settle Vendors: Ineffectual; Dont know how totestify; Dont know the law 11. WhatCanYouDo? Prevent the accident Create Detailed Accident Procedures Keep Detailed Records Communicate with your Examiner Communicate with your Vendor Communicate with your Attorney 12. WhatCanYouDo?PreventtheAccident Safety Program: Dual benefit Help: Brokers; Insurance companies;Industry Use you software: look for the cause Rewards and Incentives Share the Responsibility of the Loss 13. WhatCanYouDo?DetailedAccidentProcedures Notice: 24 hours; Supervisor Report: Detailed (Pre Attorney) Investigation: Surveillance Tapes Witness: Written Statement Verification: Medical Report Notification: Examiner 14. WhatCanYouDo? DetailedRecordKeeping Loss time Earnings Payments Prior Accidents Offers of Light Duty 15. WhatCanYouDo? CommunicatewithyourExaminer Best Practices vs. Results Driven Educate File Reviews Team Approach Best Fit for You 16. WhatCanYouDo?CommunicatewithYourVendor Educate Exchange Information Give Direction Team Approach Best Fit for You 17. WhatCanYouDo?Communicatewithyour Attorney Educate Exchange Information Identify Witnesses Participate With Witness Preparation Team Approach Best Fit for You 18. JustasItissaidthatgeniusismoreperspirationthaninspiration;Winningismorepreparationthanperformance. Be PreparedI Want to be a Winner! 19. Quiz Question: Whats the difference betweena bankrupt attorney and a pigeon? Answer: The pigeon can still make adeposit on a Mercedes. 20. 5 Hanover Square New York, NY 10004