"Attitude is Everything"
By Evette Peled and Anna Paul


A Classic Claim Story

Tom was working in the packing department of the Acme Widget Company. Preparing for an inspection that morning, he was rushing and forgot to wear his back support belt. Carrying the trash to the bin he slipped and fell on some small debris. Tom got up though and continued to carry out the trash. As he dumped it in the bin he felt a pain in his back but let it slide. The inspection went really well and Tom was pleased. Later that afternoon, he told his supervisor “you know, I took a fall this morning and kind of pulled my back out.”

Knowing that Management was trying to reduce workers’ compensation costs, the supervisor’s first reaction was negative; he thought to himself “great, a potential claim,” which translates to higher premiums. And while he filed the paperwork, he wasn’t pleased and let it show. Later he reprimanded Tom several times for not having worn a back support belt. Gradually Tom became frustrated and then angry. At home that evening, his wife told him “you work hard for Acme Widget and that’s what you get? We should file a claim and get money out of them.” It escalated from there…

The simple truth is that accidents occur. Preventative measures are absolutely essential, but unfortunately people in all walks of life might occasionally fail to follow proper safety procedures. In the case above, Tom should have worn his back support, but the real issue may have been the unsafe working conditions (slippery material on the floor) that caused Tom to slip. Action must be immediately taken get to the heart of the matter, bring out the facts of the case, to prevent reoccurrence.

While a back brace may have spared Tom some additional injury, his manager’s decision to take an aggressive stance not only created a hostile relationship between Tom and himself, but also covered up much of the problem. Rather than adopting the sort of position that pits employee against management, Tom’s manager should have acted with intelligence and respect. A healthy relationship between Tom and his boss would be essential for the proper processing of his claim, and disrespect early in the process can push people into adversarial roles and possibly towards costly litigation. An active approach is surely important, but there are different kinds of assertiveness, and an effective and properly focused approach provides claimants like Tom with a sense of security necessary for working with, rather than against, their company.

Often employees feel more comfortable talking to third parties who work on behalf of their employer on these cases and provide an objective role. The best results occur when there is collaboration between Employer and Employee, supported by effective procedures and clear communication as to mutual concerns and expectations. And with a comprehensive and proactive workers compensation mitigation program in place, Tom’s Supervisor may have felt less personal stress over the situation. Using proper procedures on which he could depend, he could handle accidents more effectively, expedite legitimate claims, and possibly help prevent false claims all without alienating employees. This can help avert the downward workers compensation claim cycle that many companies experience today.

For more information regarding taking preventative measures, click here or call us at 818.734.8448

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