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Page 1: Be Prepared

5 Hanover Square New York, NY 10004

www.jonesjonesllc.com

Page 2: Be Prepared

““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

Page 3: Be Prepared

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…..

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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

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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

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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?

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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.

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5 Hanover Square New York, NY 10004

www.jonesjonesllc.com


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