Q: How do you know when a BWC claim is past the point of no return?

A: When the claimant shows up to a hearing with their briefcase and pulls out all of his/her neatly organized claim paperwork and correspondence from the BWC.

Yes, that’s right; when they start managing their claim full time, you will never get them back to work – guaranteed.  In future posts, we’ll explore how to not let that happen.

Him: “That’s fine; I’ll just sit at home and earn unemployment.”

Me: “You can always apply for unemployment.  But you will not win considering these circumstances.”

Him: According to the Office of Unemployment Compensation, blah, blah, blah…

Yes, this guy actually called me with a State unemployment manual in front of him and started quoting from it.  Want to know what happened?

First level determination – we won.

Second level determination – we won.

Hearing level – we won.

Now who’s laughing, bud?  If I’ve said it once, I’ve said it one thousand times – if you know what you’re doing, you will NEVER lose an unemployment claim – no matter what it is filed for.

Oh, by the way, to the attorney who sent me a solicitation letter saying she’d represent my company for $800 per unemployment claim – think again – I don’t need your help.  If you know what you’re doing, it’s a piece of cake.

Anyway, I started thinking about it.  This blog was kind of new when I wrote “Beating the Unemployment Maze – Part I” last August.  I’d encourage you to read it.

Don’t pay an attorney for what you can and should be doing yourself.  It’s amazing as to the cost savings you can obtain by just paying a little attention to this area (worker’s compensation too, for that matter).

Take care.  I’m going to try to be more active on here moving forward.

An HR Manager that I know called me one day and asked a few questions about worker’s compensation.  In addition to answering them, I said, “What did your TPA say?”  She said, “I don’t know, I never really talk to them.”  Buzz – wrong answer.  If you aren’t calling your TPA, you’re nothing more than a file to them.

Here’s what you need to be asking them:

• Do we have any claims currently on our experience that would qualify for handicapped reimbursement?
• Do we have any claims currently on our experience that would be ideal to try and settle?
• When the last time was the TPA had their actuary review the claims experience to ensure that the BWC reserves were correct?
• Are they attending hearings on your behalf or do they assign an attorney to attend?
• If they assign an attorney, which law firm is it and what is the fee schedule they have arranged?
• If they send someone, who is it?  It should be an attorney.
• Tell them you will be personally attending all hearings from here on out to get a feel for how they handle the account and to be present as the face of the employer.
• How much do you pay them per year?

You should know the latter points regardless.  But if you don’t, I would encourage more dialogue between you and your TPA.

In addition, like I previously discussed, a good TPA can strategically discuss a claim as soon as it happens, and ensure you are on the right course when handling it.

Considering the complex maze that is worker’s compensation, this is one investment you need to be considering.  Anyway, I wanted to include all of this in my first post, but it got a little too long when I wrote it…

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There is a purpose for receiving unemployment.  But what I’m finding these days is that some employees simply see it as a way out.  They say, “I’ll just sit home and collect unemployment.”

But do you want to know something?  I’ve never lost an unemployment claim or a hearing.  That’s right; in more than 12 years working in HR, I have always won.  Why – I’ve taken the time to understand how the system works and how to protect my company.  I even wrote a plan that once saved a company $200,000 in charges against their unemployment experience.  I was the hero.  Seriously – I still have the plaque they gave me proudly displayed on my desk.

Let me say it bluntly.  If you’re losing claims, you’re not doing what you should be doing.  The only unemployment claim you should ever lose is the one you want to (i.e. you write a severance agreement and agree not to contest it).  Otherwise, you can and should be winning.  Quits, terminations, bizarre circumstances – it doesn’t matter!

We’ll review my easy unemployment checklist next time.  Basically, I’ll tell you what the state and job/family service offices don’t want you to know.